Many Sugar Land property owners view evictions as time-consuming and bad for monthly cash flows. But if you have failed many times in settling your dispute directly with your tenant, it could be a signal to start the eviction process. This article discusses ways to ensure that your eviction is a successful one.
Unlike what most people think, eviction is not forcing a tenant off of the leased property. Rather, an eviction is a legal process by which a landlord or property owner regains possession of (or full legal rights to) the property. When 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. In order for that contract to be voided, the tenant has to agree to willingly vacate the property, or a corresponding legal process will be required.
Understanding the Landlord/Tenant laws of your locality is the first step of any eviction process. While some federal laws apply to all situations, there are also different state and even local laws that you need to know. If you don’t follow all of the relevant laws, there is a chance that your eviction will fail, and you will need to start all over. For example, you will need to know 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.
Knowing the law and how it applies to you, you can then move on to the next step which is to give your tenant a Pay or Quit or Notice of Lease Violation. This document serves as an official notice to your tenant telling them they are in violation of the lease. It should also contain all instructions the tenant can follow to once again be compliant with the lease terms. Check to see if this notice should be sent by certified mail or any other required delivery method and that whatever stated actions or remedies follow all time periods required by law.
What should a landlord do if the tenant does not respond to the notice or if they are still unable or unwilling to return to compliance with their lease terms? Then, your next course of action would be to document your legal grounds for eviction and file a Forcible Detainer with the local court. Depending on your rental property’s location, the required documents could include 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 must file your form with the court and serve them to your tenant, either in person or by using the delivery method required by law.
The court will consider your case for eviction after you file a Forcible Detainer, and will then issue a ruling. If the judge rules in your favor, they may also include instructions for the forcible removal of the tenant from the property, if required. You must not evict a tenant who is unwilling to vacate the property without a judgment from the court.
Although the judgment is the legal end of the eviction process, for landlords, the final step is overseeing the removal of the tenant and their belongings from the property. The state’s local police, constable, or sheriff’s department can be called on to assist landlords in removing a tenant. Remember that it is illegal in all states for a landlord to intimidate or harass a tenant, even with the presence of an eviction judgment. Every state also has different laws regarding the removal of a tenant as well as how their personal belongings should be handled. Make sure you follow your local laws about these. Violation of a tenant’s rights could be grounds for them to sue you, even after they have been legally evicted. This could cause a delay or even the overturning of your eviction judgment.
A successful eviction is a legal eviction handled carefully and clearly documented from start to finish. But evictions are sensitive matters, requiring time and detailed knowledge of tenant-landlord laws. Why not let the Sugar Land property management pros at Real Property Management West handle your eviction for you instead? Contact us online or call 832-532-9800 to learn more.
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