As most property owners know, eviction can be a tricky process. Due to legalities that tend to be rather complicated, you have to be careful to ensure that all legal requirements of the process are met. Understanding how eviction works and how to enforce it properly is essential to protect both you and your tenants. Here at Specialized Property Management Birmingham, we know the ins and outs of eviction and just about everything related to property management. To help you out, we put together the answers to a few eviction FAQs that we’ve gotten before.
What are the legal grounds for eviction?
There are several reasons why eviction may be necessary. These include:
- Tenant’s failure to pay rent
- Tenant’s habitual failure to pay rent on time
- Tenant caused damage to the property
- Tenant used the property illegally or for illegal purposes
- You (the property owner) are taking the property off the market
- The lease agreement has expired but the tenant still refuses to leave
- Tenant causes major disturbances or disrupts the peace
- Tenant causes health or safety hazards that could affect the property and other tenants
- Tenant breaks health, noise, or occupancy ordinances
- Tenant violated the terms of the lease
Note that all the violations that could lead to eviction must be clearly stated in the rental/lease agreement. Other pertinent information such as the time period allowed, grace period, and date/s must be specified in the agreement as well.
Can I force a tenant to leave my property?
Eviction can be a long, difficult process, especially with so many state laws that, if not followed, may give the tenant reason to take legal action against you. Taking matters into your own hands might also make you liable for legal violations. Things like changing the locks on the property, removing the tenants’ belongings, turning off the utilities, and harassing the tenants are not considered legal or acceptable.
How do I start the eviction process?
After you determine that there is sufficient reason to evict a tenant, a notice to vacate the property must be sent to the tenant in writing. The document may be posted on the front door of the property that the tenant occupies and a copy should be sent using certified mail. You can also ask the USPS for a return receipt as proof that the tenant received the notice. The notice should be given in advance, in compliance with the terms of the signed rental/lease agreement.
How long before I can legally evict the tenant?
The notice of eviction should be given with enough time in mind for the tenant to make moving arrangements. This time period must comply with the terms of the agreement and meet the minimum set by the state, which is usually 30 days.
How do I ensure that my eviction process is legal?
It is important to have a good understanding of state laws and regulations and to comply with the rules required to start and complete the eviction process. It is also critical that the terms in the signed agreement are honored to ensure fairness to the parties concerned. It may be helpful to have an attorney on hand when going through the eviction process, or hire a property management company to take care of it for you.
Our team at Specialized Property Management Birmingham knows how to handle evictions legally and efficiently. In fact, we assume your liability in case of legal issues, and we deal with the tenants directly so you don’t have to. Call us at 205-417-1475 or check us out online for a quote today!