Eviction Rules for Property Management

A property manager is expected to be well versed with the laws that govern asset dealings. He is expected to advise the owner on the different rules of dealing with residential or self storage tenants and also arrange for legal help both for the owner as well as the tenant as and when required. If the owner wants to evict a tenant he needs to follow a procedure as prescribed by the legal authorities of his city or state. There are certain facts that he needs to be aware of.

• Before filing an eviction lawsuit the owner of the asset must first terminate the tenancy legally. This involves him sending a written notice to the tenant about the termination. This notice should be in agreement with the tenancy contract that was signed by the tenant at the time of occupation of the asset.

• On behalf of the owner, the property manager can file a lawsuit against the tenant if the tenant refuses to vacate the asset even on the expiry of the notice period. However, if the tenant shows signs of improvement by paying the monthly dues on time and by maintaining his home well, the owner does not have the right to evict him. A tenant who does not comply with the terms of tenancy as set by the owner of the firm is called an unlawful detainer.

• There are very elaborate state laws for ending the tenancy. Ending the tenancy can be done by furnishing different types of notices for termination. The owner or the property manager has to follow the prescribed legal procedures for terminating the tenancy. There are specific formats in which the termination papers have to be written and sent or given to the tenant.

• The owner, though having supreme authority over his asset cannot ask to vacate his tenant without sufficient reason and that too one that is recognized by the legal system of the place where the asset is located. There are certain causes that one needs to look into in order to terminate tenancy. One of the most common causes is that of the tenant defaulting payments of his monthly dues. Usually the owners are supposed to give a notice only when the tenant is a habitual defaulter. For those tenants who rarely make such mistakes and who usually pay their dues in time, the owners are supposed to show a bit of leniency. This kind of a notice is called Pay or Quit notice.

• The property manager can be empowered to give a cure or quit notice to the tenant when he flouts any of the terms and conditions that he has agreed to in his tenancy contract. In such a situation, the tenant is given a time period to rectify his faults, failing which he is given the tenancy termination notice. If he disobeys the notice an eviction lawsuit can be filed against him.

• In some states, under certain conditions the tenant can be given an unconditional quit notice. This is usually the most damaging form of notice for the tenant as he is not given the chance to stay further regardless of any reasons. This notice is administered when the tenant does not pay his monthly dues repeatedly or exhibits behavior that he has been warned for earlier. The property manager can issue the unconditional tenancy termination notice when the tenant damages the premises of the asset that he has occupied severely. This kind of a notice is also given when it is found out that the tenant has engaged in some criminal or illegal activity.

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