The legal process in which a landlord has a tenant removed from a rental property is called an eviction. Often an eviction may occur due to a tenant not paying their rent on time, or not paying the rent at all. It can also occur if the tenant causes damage to the property or conducts illegal activity in the residence.

Eviction laws vary from state to state but, in most cases, a landlord is required to issue a notice giving the renter time to clear up the problem or ultimately vacate the property. As with anything, there are right and wrong ways for a landlord to conduct the eviction process if eviction cannot be avoided. After all, no-one wants to lose their home.

An eviction can be avoided if the tenant simply follows the terms of the lease agreement. A lease agreement is the legal contractual agreement between a landlord and a tenant that states when and how each payment should be made, the start and end date if the tenant can have pets at the home, and a number of other possible terms.

If you receive an eviction notice – often a five-day notice – you have options. These include paying the rent if it’s past due, fixing whatever the problem may be, or moving out before the end of the notice. If you don’t, the legal process of eviction can begin. This can have devastating effects on your credit if a judgment in court has to be filed. Judgments remain on your credit report for at least seven years and, after seven years, it may be re-filed.

It is important to remember that the property manager or landlord does not want to evict a tenant. It’s a complicated process that costs time and money. If faced with an eviction, communication, and respect are the keys to working towards a solution and a mutually beneficial relationship between the two parties.

Read more about our Eviction Protection program!

JW Property Services is very experienced in evictions and the law.