by Barker Realty, Inc. | Nov 19, 2019 | Property Management Blog, Raleigh Property Management, Tenant Management, Tips for Landlords
This blog is the second half in our two-part series, “Understanding Evictions.” In our previous post, we discussed steps Raleigh property managers should take early on in the eviction process. We observed that most tenants opt to change their ways (or more commonly, pay owed rent) before the matter goes to court, since a bad court record can hurt them in the future. However, some cases do make it to court, and these are the ones we will discuss today.
After Delivering the Eviction Notice
Once you have delivered an Eviction Notice, you will have a waiting period, which should be stipulated in your lease agreement. It is usually between 10-30 days, depending on your location. The waiting period is just that–waiting for the tenant to respond or take action. If your waiting period passes without any sign of change, it will be time to file the eviction with your local court.
Formally Filing an Eviction
To file an eviction, you will have to go to your local courthouse in person and pay a fee. You will also likely have to present a receipt from the post office to prove that you have allowed the requisite amount of time to pass after sending the eviction notice. If all is as it should be, the clerk of court will schedule a time for a hearing. A summons will be sent to your tenant on your behalf; there is no need for you to do anything.
Preparing for the Hearing
As the date of your hearing approaches, gather all related documentation and proof of your claim, including:
- Lease agreements
- Bounced checks
- Records of payment of any kind
- Records of the communication between you and your tenant (phone and email)
- A copy of the written notice that you provided your tenant
- Dated proof that the tenant received the notice (this can be a receipt from the Post Office)
Remember to get some sleep the night before your scheduled court date so that you are attentive during the hearing. Always be honest, and let your documentation/evidence speak for itself.
Evicting the Tenant
If all goes well in court, the eviction will be granted and the tenant will be assigned a set amount of time to leave. This can range from 48 hours to a week. If your tenant does not leave by the deadline, you will have the right to have them and their possessions escorted out by law enforcement.
Collecting Back Rent
If the eviction was financially motivated, your next priority will be collecting past-due rent. Some courts will allow you to combine the eviction with a small claims lawsuit, as long as the two cases are related. If this is the case, you can sue for back-rent at the same time as the eviction case. If your local court does not allow this, you’ll have to file a separate small claims lawsuit to pursue the owed rent money.
Protecting Yourself in the Future: Hire a Raleigh Property Management Company
Evictions can be time-consuming and costly—up to $5,000 per tenant! The best way to avoid them is to gathering as much information as you can about potential tenants before they move in. Our experienced Raleigh property management company can thoroughly screen rental applicants so you can rest assured you are receiving high-quality, trustworthy tenants. To learn more about Barker Realty and what we do, click here!
by Barker Realty, Inc. | Nov 5, 2019 | Property Management Blog, Raleigh Property Management, Tenant Management, Tips for Landlords
No matter how thorough your tenant screening process, the fact of the matter is that screening only filters out tenants who have already built up a bad history. It’s rare, but possible, that a tenant with a clean background check, strong credit history, and good references will start to go South, for the same reasons that we all slip up in life. In some cases, you and your tenant might be able to come to an agreement. If not, you may find yourself with an eviction on your hands.
While evictions are costly and stressful, they are a natural and normal part of property ownership. They are also often the best way to protect your investment and yourself. Between property damage costs (such as exterminating an infestation) and opportunity costs (angry neighbors discouraging other tenants from renting), keeping a bad tenant can ultimately be much more expensive than an eviction. Below is a brief walkthrough of the eviction process for Raleigh investment property managers.
Understand Local Eviction Laws
Firstly, review the tenant eviction laws as they pertain to our state. You should especially review the The Uniform Residential Landlord and Tenant Act (URLTA), which provides a more detailed explanation the eviction process. If your lease agreement was drafted with state laws and URLTA in mind, it is probably within your rights to evict someone, under appropriate circumstances.
Do Not Take Any Actions Without a Court Order
It is very important to understand that certain actions are illegal in every state, no matter how much the tenant is damaging your property or infuriating the neighbors. You cannot legally do any of the following:
- Remove the tenant’s property from the unit
- Hire someone to physically remove the tenant
- Change the locks while the tenant is away
- Shut off essential utilities, such as electric, gas, and water
- Do anything to encourage the tenant to leave (i.e. release spiders into the basement)
In order to perform a legal, by-the-book eviction, you will need to prove to the judge that you are an upstanding, law-abiding citizen. Be patient, and follow the process. The more lease agreements the tenant violates, the easier it will be to evict them.
Make Sure Your Reason for Eviction is Valid
Typically, the following reasons are sufficient for an eviction, provided the tenant has been given fair notice:
- Failing to pay rent
- Violating the lease/agreement (allowing pets, subletting, etc.)
- Causing significant property damage
- Breaking noise, occupancy, or health ordinances
- Causing health or safety hazards
Remember that you will need documented proof of any claim you make against your tenant.
Give the Tenant a Formal Eviction Notice
One of the most important steps in the eviction process is to provide adequate Eviction Notice. This is usually a simple document that informs your tenant that they are being evicted; why this is the case; and what they can do to avoid the eviction (pay rent, clean up the property, etc.) You can make things easier on yourself by using this North Carolina-specific template. You must both tape the Eviction Notice to the tenant’s front door, and mail it to them via the US Postal Service.
Still with Us? Check Out Part 2: Going to Court
The majority of evictions end here, with the eviction notice, as most tenants do not want to go through the struggle of court procedures. However, if a week or so goes by with no noticeable change, it will be time to file the eviction with your local courts. For guidance on how to do this, check out Part 2 of our series.
