As a property owner, you know that it is very important to
find the perfect residents for your rental properties. Have you ever stopped to
think, what happens if I was wrong? Just how hard is it to get a bad tenant out
of my rental unit? While it varies from state to state, in most cases the
process of eviction is long and arduous. Jason Cohen Pittsburgh knows how to
protect yourself and your company while also maintaining the rights of your
tenants by following several rules.
Even before you have a resident, you must consider eviction
and the process of eviction. When creating the lease agreement, include
sections explaining when and why you, as the property owner, have the right to
evict a tenant. A violation of the rules and regulations in the lease is a
reason to begin the eviction procedure. Obviously, failure to pay rent and regular
late payment are two major reasons to evict a tenant. If the tenant is willfully
destroying the property, you also have a case for eviction.
The first step in the process is giving the tenant written
notice. If the reason for eviction is failure to pay rent, or breaking the
lease by having an illegal roommate or pet, you may want to serve a “Notice to
Quit” in place of the eviction notice. A “Notice to Quit”, allows the resident a
period, such as 10 days, to correct the wrong. If the tenant has broken the
lease to the point that a correction will not be offered, the tenant must be
given a 30-day notice to leave if the lease is for a year or less. A 90-day
notice is issued for leases that are longer than a year. This notice must
include certain information in order to be legal — the date of the notice, the
name and address of the tenant’s rental unit, the reason for the notice, the
time period for correction, the date of eviction, and a statement detailing how
the notice was given to the tenant. If essential information is omitted, the
notice is not valid and the process must start over.
Rules are in place for getting the notice to quit or evict
to the tenant as well. Oddly, you cannot mail this notice. The property owner
or a representative at least 18 years old can deliver the notice. If it cannot
be given directly to the resident, the notice can posted on the tenant’s door
of the rental unit or somewhere else where the tenant will be sure to see it. Be
sure to make sure it is conspicuous. The
notice cannot be hidden, covered, or placed in the mailbox. If the notice is
not delivered properly, the notice is not valid and the process must begin
again.
The next step depends greatly on the resident’s reaction to
the notice. If the notice demanded a correction to illicit behavior and the
tenant corrects this wrong, the tenant cannot be evicted. For example, if the
notice gives the tenant 10 days to pay the late rent, and the tenant pays the
rent, the tenant cannot be evicted. This also holds true for illegal pets or
roommates. If a correction was not offered, the best-case scenario is that the
tenant vacates the premises within the notice period.
If the resident does not comply with the eviction, the
property owner must file a complaint. The complaint will result in a hearing. Until
the hearing is held and the decision is made, the tenant will still be in the
rental unit. At this point, the tenant can file a counter-complaint, which will
also be considered at the hearing. If you, as the landlord, win the case, you
will receive a judgment for possession. However, you must wait no less than 15
days to have a constable or sheriff give the resident an “Order for
Possession”. Issuing an “Order for
Possession” informs the tenant that, after a set date on the notice, the
constable or sheriff will forcibly remove the tenant and the belongings from
the unit. The set date must be at least 15 days from the notice.
When reviewing the procedure for eviction, it can be
shocking how long it can take to remove a problem resident. Even though the
procedure does not seem fair from a landlord’s perspective, it is the law. In
order to avoid these proceedings, Jason Cohen Pittsburgh knows that it is essential
to find the proper residents.
