Can a property manager evict a tenant? The short answer is yes, but the explanation is much more complicated than a simple yes or no answer.A property owner or property manager who tries to evict a tenant without cause is going to face legal trouble. A property owner can also decide how much they want to delegate to property managers to ensure they stay compliant with the law.If you are thinking about hiring a property manager, keep reading to learn if they can handle eviction proceedings for you and how they should handle them to avoid legal implications.
Can a Property Manager Evict a Tenant?Can a property manager evict a tenant? Yes, a property manager can evict a tenant if the need arises. There are legal processes in place that have to be followed.Property owners hire property managers and give them full authority to act on behalf of them to complete certain landlord tasks, such as evicting tenants if necessary.Evictions typically arise from a tenant breaking the terms of a lease agreement. A property manager will provide an Eviction Notice stating the reason for eviction.In some places, the landlord doesn't have to give a reason for eviction. A property manager will give the tenant an Eviction Notice without cause.There are still laws property managers have to follow with this type of eviction. Tenants must be provided a 30 or 60-day notice before starting the eviction process.
Do Property Managers Need Permission to Evict a Tenant?A property manager and owner will sign a property management agreement outlining the duties required by property management services.This will detail the authority the property owner gives to the property manager to handle evictions and other responsibilities.Property management companies will generally handle:
- Lease agreement negotiation
- Property maintenance
- Rent collection
- Eviction proceedings
How Does a Property Manager Evict a Tenant?Evicting tenants legally involves knowing tenant rights and eviction laws in the property's area. A property manager will determine grounds for eviction by thoroughly reviewing the lease agreement to identify violations.Common violations that lead to evictions are:
- History of late payments
- Failure to pay rent
- Property damage
- Disrupting enjoyment rights of other tenants
Provide the Tenant With an Eviction NoticeThe first step in the eviction process is to give the tenant a written eviction notice to terminate the tenancy.The eviction notice will include the reason a property manager is initiating the eviction. The notice will also state how long the tenant has to resolve the issue or vacate.Local laws determine how a notice has to be written and delivered for it to be enforceable by the courts. The type of notice you send will depend on the misconduct you are addressing.The three types of notices are:
- Cure or quit notices: Fix the lease violation or vacate the property
- Unconditional quit notices: Vacate the property
- Pay rent or quit notices: Pay owed rent or vacate the property
File an Eviction LawsuitIf a tenant is given the notice and doesn't fix the issue or voluntarily move out, the property manager is allowed to proceed with filing a court complaint.The court will provide an eviction hearing date and notify the renter of the summons to attend. This process can take weeks or months depending on how busy the local court is.
Court HearingOn the court date, both the property manager and tenant need to show up. If a property manager fails to show up, the tenant automatically wins the case and vice versa.In the hearing, provide proof of your reason for eviction. Evidence might include the following:
- Photos of property damage
- Copies of bounced checks
- Notice of late payments
- Documented complaints by other tenants
- Copies of email correspondence