The Process of Eviction from the Initial Phase to End

The Process of Eviction from the Initial Phase to End

While you may have ideal tenants, it is still possible for you to deal with a situation wherein eviction seems like the only option. In case you are planning on evicting a tenant, it is important to learn more about it along with inculcating appropriate expectations throughout the process. Make sure that you go through this guide before you start the eviction process. Moreover, please note that the laws may be different based on where you are situated. Therefore, remember to go through your local laws and always adhere to them.

Understand That Eviction is an Undeniable Component of the Business

Typically, landlords tend to find the situation leading towards an eviction to be overwhelming, especially if they have maintained cordial relationships with such tenants. But if you are a landlord, it is important to manage your payments efficiently and sometimes, eviction is unavoidable. It is business and hence, your emotions must be removed from the equation if you want to successful evict someone. Always remember that you may need to be stern in order to enforce an eviction. If you are not, the process may take up a long chunk of your time. While you may feel like eviction is an extreme decision, note that in some cases, that is the only option to run a successful business.

Do Not Handle It Alone

While it may be tempting to evict your tenants independently instead of adhering to the required steps, note that in every state, carrying out the eviction process in this manner is illegal. You are required to comply with the regulations laid out by your state. A few examples of what cannot be enforced without adhering to the legal measures are:

• Forcibly making the tenant leave the premises;
• Getting rid of your tenants’ belongings;
• Replacing your tenants; apartment’s locks in order to lock them out;
• Halting various services of essential utilities within the apartment including water and gas; and
• Resorting to harassment of the tenants to coerce them into leaving.

If you want to remove any tenant from your premises, you must adhere to the process of eviction, although not complying with them may seem like a quicker way out.

Ensure That They Are Being Evicted For an Actual Reason

A tenant cannot be evicted merely because you are not fond of them. Before initiating the process of eviction, make sure that there is adequate legal reasons that has led you towards the option of eviction. If there is no valid reason, the ruling will not be in your favor. In order to evict a tenant, any of these reasons are considered to be valid:

• Non-payment of rent or failing to do so on time;
• Breaching the conditions stated in the lease which includes possessing unauthorized pets;
• Substantially damaging the property;
• Violating ordinances related to health, noise, or other factors; and
• Creating safety or health hazards in the premises.

In case your situation is similar to the ones stated above, you would still require adequate proof before you can act on it. Thus, it is a good idea to document the issues, which will assist you in the courtroom.

Deliver the Official Notice for Eviction

In case you have a valid reason to evict a tenant and you possess adequate proof regarding the same, the process of eviction can be initiated officially. Firstly, you must deliver a formal notice of eviction to your tenant. This is the first legal step of the process in the majority of states. However, do go through your local laws to understand the various facets of the notice, such as the acceptable time period of eviction. Typically, this notice is a simple document, which acts as an ultimatum for the clients. Thus, the tenants either have the option of fixing the issue or getting evicted. For instance, in case they haven’t paid rent for a few months, the notice can state that the tenant must pay the entire pending amount before a predetermined time period if they want to avoid eviction. These are some pointers that you must remember, when formulating the notice:

• Incorporate a particular date before which they must rectify the issue or leave the premises, failing which, you can file for an eviction.
• Mention the amount of money that is owed, which includes fees as well.
• Ensure that the notice is posted in a manner that the ultimatum date adheres to the local laws.
• Place the notice on the tenant’s front door. Moreover, you must mail it to them and you must request a return receipt through USPS to proof that the tenant received the notice. In some states, a particular service company must be opted for, according to law. In such a case, you will need to pay some amount of money for the delivery of the notice.
• You can make use of the eviction notice document to ensure that carious required aspects have been fulfilled and the required components are incorporated.

After sending the eviction notice, you just have to wait. Many times, this particular step is adequate as the tenant either resolves the issue or moves out. More often than not, the tenant fixes the issue after receiving the eviction notice. However, sometimes tenants take no action after the eviction notice is delivered, even upon the approaching of the deadline. In such a case, you must file for an eviction at court.

File for Eviction

Get Ready for the Hearing

Various documents must be prepared before you enter the hearing, as it is on you to make your case. Fundamentally, these are the documents that you require:

• lease agreement
• Tenant’s bounced checks, if any
• Various payments records
• Documentation of the communication that occurred between both parties, which includes phone calls as well as emails
• The eviction notice copy
• Receipt provided by the USPS to prove that the notice was received by the tenant.

Based on why you have decided to evict your tenant, a few more records and documents may be required. Usually, a tenant who chooses to attend the hearing at the court tries to prove that they are innocent. Hence, the onus is on you to prove your case. In case you are unclear whether something is required during the hearing, carry it with you, as it is always a good idea to have all the documents and records that you possess in relation to the case.

Stay Ready

Before you enter the hearing, engage in some research so you are prepared for however the tenant tries to twist this case.

It can be very stressful to go to the court. Therefore, it is best to remain fully prepared. Moreover, remain honest throughout the process and leverage the documentation that you possess.

Eviction

In case the court rules in your favor, a court order will be provided to the tenant, instructing them to leave the apartment within a set period. Both the landlord and the tenant receive a copy of this ruling. In case the tenant does not attend the hearings, the case may be ruled in your favor without ant hearings. Hence, even if you know your tenant will not come to court, it is best for you to go. The tenant may be provided with anywhere between two days to seven days to vacate the apartment, although the actual time period depends on the local laws.

In case they do not vacate the property even after the stipulated time set by the court elapses, you must seek the assistance of an official from the local Sheriff’s department to visit your property and escort the tenant our with their belongings. In a few regions, you might be required to pay some amount before you can meet the Sheriff and expedite the process of removal. As the landlord, you must incur these costs. Once the property’s possession is transferred back to you by the Sheriff, it is a good idea to change the locks of your apartment, which will prevent the tenant from entering the property at a later period. This completes the eviction process, after which you can rent out your property again.

What Steps Must Be Undertaken to Obtain Pending Rent Payments During an Eviction

It is very common for people to get evicted due to the failure of paying rent either in a timely manner, or even at all. A few local courts will enable you to file for eviction, while you simultaneously file another small claims suit. But if this is not permitted, the court order provided to the tenant will usually include information regarding the amount of money you are owed as well as the stipulated time period within which it must be repaid. This is referred to as a judgment. In case your tenant still does not pay you, you can recover your money using any of these steps:

• To retrieve the funds, file a claim in small claims court – Leverage the court order of eviction as well as the judgment that you were provided with, so the process of this hearing is initiated. Usually, another small fee must be paid to file this suit.
• Obtained money from their salary– It is possible for you to approach their employer with the judgment to enjoy garnishments. However, go through the local laws as some courts require this step to go through them.
• Seek the assistance of a private debt collector– Lastly, you can recruit a private debt collector in order to obtain the rent. You need to pay some amount to avail of their services. However, the debt is reported by them to the three primary credit bureaus. Therefore, other landlords will also be informed that the individual would not be a good tenant as soon as they run the credit check.

For both parties, evictions can be quite stressful. After you go through this experience the first time, you will be better prepared to prevent this occurrence in the future. Although you may not be able to completely avoid evictions as a landlord, you can try to mitigate such scenarios by vetting each potential tenant properly with background checks and credit checks, apart from reference checks. Although this may end up costing you a little extra money, it is a good investment to save a lot of time and money in the future, by avoiding evictions.

FREQUENTLY ASKED EVICTION QUESTIONS:

What does eviction mean?

In simple terms, a landlord can make use of an eviction- which is a process that occurs in court- to evict a tenant from their property.

Any case of eviction, is initiated as soon as a “Notice of Petition” and a “Petition” are served to the tenant via another entity, at the request of the landlord. In the “Notice of Petition,” there is information regarding the date of the court hearing along with the time and place. On the other hand, the “Petition” looks at the causes that led to the decision of the landlord to evict the tenant. These papers must be served a minimum of ten days prior to the date if the court hearing. After the notice is served, the date of the court hearing must be within 17 days from that point.

Even if an eviction case is initiated by the landlord, it doesn’t guarantee their win. There are certain rights that tenants have, along with many defenses against the notice of eviction.

Is it possible for my landlord to evict me without attending the courts?

No.

It is mandatory for the landlord to attend the court hearing and win the case. Following that, they are required to pay a small amount of fee to ensure that a law enforcement officer carries out the eviction. This applies even in cases wherein rent is owed by you or the lease period has expired. Moreover, this must be adhered to even if you reside in a rooming house.

Illegally evicting a tenant is considered to be a Class A misdemeanor, if they resort to the following measures:

• Replacing the locks,
• Getting the doors padlocked,
• Removing your belongings,
• Getting rid of the apartment door,
• Switching off essential supplies such as electricity,
• Threatening to engage in an action that will not allow you to enter the house (Real Property Actions and Proceedings Law Section 768).

In case any of these measures are undertaken by your landlord, get in touch with the police.

At what point is it legal for the landlord to evict me?

1. Lease in the written format:

In case a lease mentions a specific amount of time, eviction is only a possibility if:

• Lease has expired. In case the lease was created on October 12, 2019, there are novel requirements for the process. Then, it is crucial for your landlord to inform you that the renewal of the lease will not occur. In case the lease was valid for less than a year, the notice period must be a minimum of 30 days. If the lease was valid for over a year, the notice period must be at least for 60 days and in case the lease expired after two years or more, it is necessary for the notice period to be of 90 days. Without sending this notice, the landlord cannot evict you.
• You haven’t paid the rent that you owe and the landlord sent a 14-day notice seeking the amount, or
• The lease was significantly violated by you and according to the conditions in the lease, it expires as soon as it is breached.

It is on your landlord to prove that any of the aforementioned points are true in your case.

2. Tenant on a monthly basis:

In case both parties did not formulate a written lease and the tenant pays rent each month, or on the other hand, the lease is created on a monthly basis, the eviction is valid if:

• You haven’t paid the rent that you owe and the landlord sent a 14-day notice seeking the amount, or
• Your landlord provided you with an entire month’s notice, stating that the next month’s lease will not be renewed. In case you lived in the apartment for less than a year, the notice period must be a minimum of 30 days. If you stated there for over a year, the notice period must be at least for 60 days and in case you stayed for two years or more, it is necessary for the notice period to be of 90 days.

It is the responsibility of the landlord to evidence that rent is owed by their tenants and that the demand made by them was proper, or that they provided you with a termination notice that is valid.

Special Protections

In case you reside in a housing that is subsidized (“HUD housing” or “Section 8 housing”), evictions have unique rules and hence, you must cautiously read the notice that you are provided with.

In the case of an eviction, how can I defend myself?

You can attend the court hearings and state that you do not agree with the landlord. In such a scenario, the case can be postponed upon your discretion. Upon seeking an adjournment, you will have the case postponed by a minimum of 14 days.

Moreover, you can dismiss the case of your landlord with proper defenses. Let us say you are being evicted for “Non-Payment of Rent,” these are the aspects that you must consider and inform the judge about:

• You were not sent a letter through a certified mail, stating that the landlord did not receive rent within five days following its due date.
• A formal 14 day demand for rent was not forwarded.
• You were being charged extra as late fees or for some other reason, which does not come under your regular rent.
• The rent has been paid or attempts were made to do so, in which case you must provide adequate proof to the court.
• The rent was being held back by you since the repair work is not being completed by the landlord. In such a case, you must carry the report written by the housing inspector, along with other evidence such as pictures.
• The rent is being held back by the Department of Social Services, since repairs are not being made by the landlord. Carry the notices of the same.
• Receipts for rent were not provided by your landlord.

If you are being evicted by the landlord as a “Holdover Tenant”- it is claimed that the lease is expired or you are just asked to leave- consider these points and inform the judge if they are true:

• A notice was not provided to you by the landlord informing you that the rental agreement will not be renewed, within the stipulated time period.
• While the notice was provided to you, it was done as you had complained regarding the apartment’s unhygienic conditions or you recruited the housing inspectors. You must carry evidence that proves that such a complaint was filed in the court.
• There was no expiration of your lease.
• Measures were undertaken by you to rectify the issues.

When it comes to the way in which the papers must be served, the rules are quite specific. In case rules are not followed by your landlord, the case may be dismissed by the judge.

Is it necessary for me to go to court?

In case you received your eviction papers, we recommend attending court.

If you do not agree with the landlord and you inform the judge about the same, your case will be postponed for a minimum of 14 days.

On the other hand, if you agree with your landlord or you end up losing the case, the court order will include a date before which you must leave the property. By being present at the court, you have an opportunity to request the judge for more time. If you continue to stay in the house after the predetermined date of eviction by the court, your landlord has the right to seek the assistance of a law enforcement officer, who will serve you with a Warrant of Eviction. After receiving this “Warrant,” you will have 14 more days for finding a new house. In case you have your own house in a mobile home park, the number of days in the “Warrant” will exceed for 30 days or 90 days.

But if you don’t attend court, the landlord may be granted a judgment that matches all of their demands, which is known as a “Default Judgment.”

What occurs inside the court?

The first thing to remember ids that you must always reach the court on time. Since you do not know when you will be called, it is best to reach before time. In case you are late by a few minutes, it is possible for your case to be called and judged before your arrival. Although the regulations state for the number of minutes that a judge must wait, it is best to avoid a situation where you must deal with such problems.

When you hear your case being called, you are expected to say “Here, Your Honor” in a clear manner Then, move to the front. The judge will ask you for your version of what happened, after which you should briefly delve into what happened, before you present your defenses. Always stay polite and refer to the judge as “Your Honor.” Never interrupt when another individual is talking, even if you are miffed. Provide all of the evidence and documentation that you brought to the judge.

When a tenant seeks the postponement of the case, the judge must do so for at least a period of 14 days. If you are not permitted to talk or defend yourself by the judge, file a complaint with the New York State Commission on Judicial Conduct. http://www.scjc.state.ny.us/ You can also call 585-784-4141.

Counterclaims

A tenant has every right to raise counterclaims in the court, against the statements of the landlord. Let us say you have evidence that the housing had extremely poor conditions, it is mandatory for the court to listen to your evidence that helps prove your case that the rent must be decreased. When rent is decreased, it is known as an abatement. However, there is a common misconception among some judges that this defense cannot be raised in case you still owe rent.

The Decision

The case is dismissed if you win, and in that case, you need not vacate the house.

But if you lose, it does not mean you have to move out. For instance, in case your eviction is related to “Non-Payment of Rent,” all you have to do is pay the rent to halt the eviction process. This is valid until the execution of “Warrant of Eviction.” In case a violation of the lease is the cause of your eviction, you must be provided with 30 days to amend this issue. Upon rectifying this breach, you can continue staying. But before that, the courts must be notified and the judge must be requested to dismiss the warrant.

The Actual Eviction

In case you were ordered to move by the judge and you still continue to stay there, the landlord has the right to seek the assistance of a law enforcement officer, who will issue a “Warrant of Eviction.” After receiving this “Warrant,” you will have 14 more days for finding a new house. In case you have your own house in a mobile home park, the number of days in the “Warrant” will exceed for 30 days or 90 days. For non-payment of rent this number is 30, while it is 90 for the rest.

You must be notified by the officer as to when they will come back in order to impose is the “Warrant of Eviction.” Please note that the enforcement can occur only on business days. If you do not vacate the house within the stipulated time, your belongings can be removed by the officer and the landlord is permitted to substitute the locks.

However, your belongings must be stored safely by the landlord. They cannot put it on the curb or leave it somewhere else. Moreover, even before you pay the rent, the landlord is required to give your belongings back. Call a lawyer if your landlord goes against these rules. While the law is ambiguous when it comes to how long the belongings must be stored by the landlord, most tend to discard them or sell them off after thirty days. You cannot sue the landlord for your belongings if you did not ask for your belongings in the time period.

We recommend moving your belongings out of the storage as soon as possible, since you may find it difficult to do after thirty days.