Eviction Best Practices
Eviction Best Practices
As a landlord, it's important to understand the legal eviction process in order to protect your property rights and comply with state and local laws. The eviction process can vary by state, so it's important to understand the specific laws and regulations in your area. Here's an overview of the eviction process and how it varies in four different states: New York, Florida, California, and New Mexico.
Eviction Overview
The eviction process typically begins when a landlord provides a notice to the tenant indicating that they must vacate the property. Although eviction is a costly procedure that is best avoided, it can be necessary. According to Entrepreneur.com, the average eviction costs anywhere from $3,000 to $7,000 and can take up to a month to be finalized. Unfortunately, 2022 statistics from the White House Summit reflect 14% of rentals resulted in eviction proceedings. This notice can vary in length depending on the state and the reason for eviction, but it typically ranges from 3 to 30 days. If the tenant does not vacate the property within the specified time, the landlord can file a lawsuit to evict the tenant.
Types of Eviction Notices
If an eviction is needed, be sure that the proper paperwork is completed and documented to achieve the desired results. There are several different types of eviction notices and each is described in detail by LegalZoom. If the tenant is late on payments, the landlord will serve a Notice to Pay or Quit which gives a few days in which the tenant can pay all rents due along with any fees imposed. If the tenant pays, the rental agreement continues and if they don’t, a move-out date is provided on the notice. If the tenant is not abiding by the lease, the landlord will serve a Notice to Correct or Quit which provides a timeframe for the tenant to correct their actions and abide by the agreement. In circumstances that are extreme and warrant an eviction as soon as possible, the landlord would serve an Unconditional Quit Notice which provides a move-out date with no opportunity for payment or correction. Keep in mind that each state has different laws regarding eviction notices and their timelines.
Eviction by State
In New York, the eviction process can be complicated and time-consuming. Landlords must follow a specific set of procedures to evict a tenant, including providing written notice and filing a petition with the court. In most cases, the tenant has the right to appear in court and contest the eviction. If the landlord prevails, the court will issue a warrant of eviction, which allows the landlord to have the tenant physically removed from the property.
In Florida, the eviction process is generally quicker and less complicated than in New York. Landlords must provide written notice to the tenant and file a complaint with the court. If the tenant does not respond within the specified period, the court will issue a writ of possession, which allows the landlord to have the tenant removed from the property by law enforcement.
In California, the eviction process can be lengthy and complex. Landlords must provide written notice to the tenant and file an unlawful detainer lawsuit with the court. If the landlord prevails, the court will issue a writ of possession, which allows the landlord to have the tenant removed from the property by law enforcement. However, California has recently implemented additional protections for tenants, such as requiring landlords to provide a valid reason for eviction.
In New Mexico, the eviction process is similar to that of Florida. Landlords must provide written notice to the tenant and file a complaint with the court. If the tenant does not respond within the specified time period, the court will issue a writ of restitution, which allows the landlord to have the tenant removed from the property by law enforcement.
Eviction Diversion Efforts
Keep in mind that according to the White House Summit on Eviction in August 2022, New Mexico was one of several states to implement an Eviction Diversion Program statewide that would provide better legal representation, counsel, and mediation to reduce the number of landlord/tenant conflicts that went to court. Many states are implementing additional diversion programs which offer free or low-cost legal resources for tenants and landlords, such as legal aid clinics, tenant associations, and small claims courts. Landlords can learn more about the eviction process in their specific state by consulting their state's landlord-tenant laws and regulations, which can typically be found on the state government website as well as other property management websites.
Consult an Eviction Professional
Landlords can also hire professionals to consult on eviction matters, such as attorneys or property management companies. An attorney who specializes in landlord-tenant law can provide legal advice and representation throughout the eviction process, helping landlords navigate complex legal requirements and protect their rights. Property management companies can also provide guidance on eviction matters, as well as other aspects of managing rental properties, such as tenant screening, rent collection, and maintenance.
Landlords need to choose a qualified and experienced professional to assist with eviction matters as well as do their research on what standards have been created in their state. The eviction process can be tricky, expensive, and lengthy, so a landlord needs to be sure of the procedures before engaging in a necessary eviction and then document each step thoroughly.