As a rental property owner, you may have to deal with evicting a tenant at some point. Evictions are a legal process to remove a renter from one of your properties. To avoid legal repercussions, property managers will tell you to follow the process to the letter.
An Atlanta property management company can be a valuable resource to help property owners deal with a complex legal eviction process. They can also support property owners by implementing procedures to avoid evictions and experience better renters. Part of the process is a 30-day notice. This written notice gives the renter time to fix the problem or move out before the next step. So, what happens if your renter chooses to ignore the 30-day notice? Keep reading to find out.
If you have a troublesome tenant that needs to be removed from a rental unit, you must first make sure you have a valid reason before delivering notices. There are several reasons why a tenant can be evicted, including but not limited to:
If your renter has made one of the errors listed above, a property management company can help you move to the next step and give them a specific amount of time to fix the problem. If they don't fix the situation after the grace period, it's time to issue a 30-day notice. A property manager will also recommend hiring an eviction attorney to review the cause for eviction against landlord-tenant law and ensure property delivery of the eviction notice.
When a renter receives notice of a violation and decides to move out voluntarily, there's no need to proceed with the eviction process. In most cases, after consulting your lawyer, a property manager can help you start the makeready process to prepare the rental property for a new renter.
However, what if your tenants ignore all requests, including the 30-day notice? They neither fix the problem nor move out voluntarily. At this point, property owners can file an eviction lawsuit in the appropriate court. The owner will need to prove to the court that the renter has violated the lease agreement, and the renter was given an eviction notice letter. They'll also need to provide evidence that they have attempted to contact the renter to work out a resolution, but the tenant failed to respond or comply.
Intimidating your renter to get them to move out can become a costly mistake when your tenant sues you for violating your responsibilities in the lease and going around the legal process. Instead, be patient and work with Atlanta property managers to navigate the next steps.
Georgia landlord-tenant law requires specific steps that a property owner must follow to evict a tenant. This includes putting the correct legal language in the lease agreement that outlines expectations for tenants and the consequences for violating the rules. If you're in an eviction situation due to gray areas in the rental agreement, a real estate attorney or property manager can review your lease to confirm everything is legal and crystal clear.
When it's clear your tenant has ignored your attempts for a resolution, the next step is to file the case in court. Once you file the paperwork, a hearing date will be set. While you wait for the court hearing, your renter can remain in the property. On the hearing date, make sure you attend to present your case to the court. Bring any documentation that will help back up your claims of a lease violation and support for eviction.
If the judge rules in your favor, work with local law enforcement and a property manager to remove the tenant and their belongings to get your property back. When dealing with eviction, the right property management team can be an excellent buffer between bad tenants and exhausted property owners.
Evictions can be a frustrating legal process, but property owners don't have to go through them without professional support. Stepping outside of the legal process could jeopardize your real estate investments and long-term goals.
Our team at Compass Property Management has experience dealing with evictions and can help you stay on the right side of the law. We deliver residential property management services, including tenant screening, to help investors avoid bad renters and evictions in the future. If you're dealing with a bad tenant or you're not sure how an Atlanta property management company can help navigate the eviction process, reach out to our team!
Learn more about a successful eviction process when downloading our free Tenant Eviction Checklist.