No one wants to deal with an eviction. Unfortunately, it is something that every rental property owner deals with at some point throughout their property ownership. There are specific rules and regulations that you need to follow when executing an eviction.
Keep these eviction process tips in mind and execute a drama-free eviction.
1. Document Everything
You should document everything that pertains to the management of your rental property. These records may seem mundane but can be invaluable should an issue arise. When you decide to evict someone, you need this documentation to provide the supporting evidence to substantiate the eviction.
It is fairly easy to show that a tenant failed to pay the monthly rent. If the reason is a lease violation, you may need to create documentation, such as complaints from neighbors, photos, or police reports. Every communication with the tenant should also be documented.
2. Consult With an Attorney
Consult with your attorney about when you can pursue an eviction. The Texas Landlord-Tenant Laws are clear about when you can and cannot evict someone. There is also a specific process that you must follow for it to be a legal eviction. If you fail to follow the letter of the law, you risk creating more problems and delaying the eviction process.
The most common reasons for eviction include missed rental payments, lease violation, and causing major damage to the property. You cannot evict someone based on a protected class. These include race, religion, national origin, sex, color, family status, or disability. Your lawyer can send a formal notice to evict and file with the court.
3. Work With a Property Manager
For some rental property owners, their least favorite part of being a landlord is having the tough conversations. Working with an experienced property manager can take this responsibility for. A property manager can streamline the process by knowing the laws and having a process in place. They can also create an extra layer of protection by being another party looking out for your best interests as the property owner.
Your property manager can also manage the eviction process for you. This ensures the process moves along smoothly.
4. Stay Consistent
One of the most important eviction process tips is to create your eviction policy before you need it. Have an established policy and include it in your lease. Then abide by this policy to the letter. Do not make exceptions to this policy for anyone. If you own multiple tenants, this is especially crucial. Otherwise, you put yourself at risk for claims of discrimination retaliation.
5. Communicate With Your Tenant
Before you start the eviction process, communicate with your tenant. Let them know the situation and their options. Perhaps your eviction policy includes a payment plan option. Be understanding but firm in following your policy. Document all communications with your tenant. If you have an in-person communication, document the date, time, and location of the tenant. Write down what was discussed and keep these notes in your records. These records could be crucial later if you have to go to court.
Communicating with your tenant puts them on notice of the eviction. That way, they won't be shocked or caught off guard by formal legal documents or court proceedings.
Get Help With Your Evictions
Navigating the eviction process can be tedious and time-consuming. You need to understand the law, your rights as the landlord, and the rights of your tenant. Communicate with your tenant and document everything. Next, consult with your attorney to ensure you have a plan and process in place, then stick to it. If all of this sounds like too much, then consider working with a property manager who can handle your evictions for you.
Contact our team today and find out how our skilled property managers can help you.
