Contrary to popular opinion, eviction is not the action of forcing a tenant off of the leased property. Alternatively, an eviction is a legal process by which a landlord or property owner regains possession of (or full legal rights to) the property. Whenever you lease a property to a tenant, the lease documents legally assign both rights and responsibilities to you and your tenant. It is a legal contract. To void that contract, your tenant must agree to leave willingly, or a corresponding legal process will be mandated.
The initial step of any eviction process is to take in and understand the Landlord/Tenant laws in your area completely. Although most federal laws apply to all circumstances, there are likewise different state and even local laws that you have to learn about. If you don’t adhere to all of the relevant laws, there is a probability that your eviction will fail, and you will have to start all over. For instance, you will need to understand how much advance notice you are required to give your tenant to remedy the lease violation, how long the grace period is for late payments, how many days you should give your tenant to vacate the property, and so on.
When you have a clear understanding of the law and how it applies to you, your next step is to give your tenant a Pay or Quit or Notice of Lease Violation. This document is the official notice to your tenant giving an explanation that they are in violation of the lease. It should additionally cover instructions the tenant can comply with to once again be in compliance with their lease. If necessary, keep in mind to send this notice by certified mail or another required delivery method and that any stated actions or remedies follow all time periods required by law.
Assume the tenant does not react to the notice or denotes that they are unable or unwilling to return to compliance with their lease terms. If so, your next move is to document your legal grounds for eviction and file a Forcible Detainer with the local court. Contingent on where your rental property is situated, the required documents may involve both an Eviction Complaint and a Summons, both of which outline your case for eviction and inform the tenant of the action filed against them. You have to file your form with the court and serve them to your tenant, either in person or by employing the delivery method required by law.
After you file a Forcible Detainer, the court will consider your case for eviction and issue a ruling. If the judge rules in your favor, they may equally comprise instructions for the forcible removal of the tenant from the property, if applicable. Without a judgment from the court, you cannot evict a tenant who is disinclined to vacate the property.
Even though the judgment is the legal end of the eviction process, for landlords, the last step is supervising the removal of the tenant and their belongings from the property. In several states, landlords can ask the help of the local police, constable, or sheriff’s department to remove a tenant. It is illegal for a landlord to intimidate or harass a tenant in any state, even with an eviction judgment in hand. Each state has different laws as regards tackling the removal of a tenant and their personal belongings, so ensure to follow the law in your area cautiously while doing so. If you violate a tenant’s rights, even after they’ve been legally evicted, they could sue you reciprocally, possibly delaying or even overturning your eviction judgment.
A successful eviction is a legal eviction handled thoroughly and precisely documented from beginning to end. But really, evictions are furthermore delicate subjects, needing time and detailed knowledge of tenant-landlord laws. Why not let the Beech Grove property management pros at Real Property Management Indianapolis Edge handle your eviction for you instead? Contact us online or call 317-420-8500 to learn more.