There are over 100 million people who live in rental property in America alone. The majority of them respect their tenancy agreement, treat their units gently, and pay their rent.
Of course, some tenants fall into financial hard times or break their lease in some other way, such as criminal activity. In cases like those, a property owner or property management company has little choice but to move forward with evictions. In any given year, there are an estimated 1 million evictions.
While most landlords and property management companies loathe tenant eviction, it's important for both that they understand the basic stages of the eviction process. If you're a little shaky on those stages, keep reading.
Notice
In most cases, the landlord will issue a notice to the tenant. The notice serves as a warning that the tenant must correct the problem within a given period of time. The amount of time can vary based on location and the exact way in which the tenant violated the lease.
For example, a tenant can pay their back rent. If they violated the no-pet policy, they can place the animal with someone else.
If the tenant corrects the problem, most landlords and property management companies will drop the matter. Keeping a generally good tenant is typically more profitable than replacing a tenant.
Filing
If the tenant doesn't correct the problem or violates the lease in some completely unacceptable way, such as criminal activity, the next step in an eviction is filing.
When you file, you literally take eviction paperwork to the local court and file it with them. This lets the landlord set up a time for a hearing.
It also means that the tenant will get a summons from the court informing them of the time and date of the hearing.
Hearing
At the hearing, the judge will review any relevant documentation, evidence, and copies of communication between the tenant and the landlord. Landlords present evidence that the tenant broke their lease in some way. Tenants can also provide evidence.
Judgment
After hearing all of the evidence, the judge will decide in favor of the landlord or the tenant. Assuming the landlord follows the relevant local laws, the judge will rule in their favor and give the tenant a set period of time to leave the premises.
Eviction
If the tenant leaves on their own, the process is over. If they don't leave, the landlord must typically get a writ of possession. These writs allow landlords to remove a tenant or, in more extreme cases, get law enforcement to remove the tenant.
If you want a rundown and some suggestions for how to manage an eviction diplomatically, check out this page. https://carolinaspropertymanagement.com/blog/how-do-tenant-evictions-work-in-north-carolina-a-guide
Evictions and You
Landlords and property management companies try to avoid evictions for several reasons. One, they can take a while to run their course. Two, the process can get expensive.
Barring some kind of criminal activity, avoiding eviction often makes the most sense. If you must go through with an eviction, however, knowing the stages can help prepare you for what to expect.
Carolina Property Management offers property management services in the Charlotte, NC area. For more information, contact Carolina Property Management today.
For answers to frequently asked questions from our residents, please click here.
