A cordial relationship between a tenant and a property owner requires commitment, mutual respect, and compromise. In some cases, a tenant may fail to live up to his or her end of the agreement. Therefore. forcing the property owner to evict them after all other avenues of dealing with the problem have been exhausted.
Tenant evictions are something that most property owners in and around cities such as Albuquerque have to deal with, at some point. There are rules and regulations that govern the entire process of eviction. It is important for you to following all of them when evicting a tenant. This will help you avoid any legal trouble or technicalities that may prolong the process.
When drafting an agreement, you should consider all the standard tenant-landlord laws. Make sure to include them in the agreement in order to prevent any legal complications in the future. Ensure that the property managers are familiar with the Landlord and Tenant Act. This will help them know exactly what to do when forced to carry out evictions.
As a property owner or manager, always remember that most judges tend to sympathize with tenants and not the property owners. This however does not mean that the property manager’s chances are slim when it comes to carrying out a successful eviction. Evictions take little effort if done the right way.
The following are some of the basic steps any property owner needs to follow in order to evict a tenant successfully.
• Clearly explain the reason for the eviction
There are two main reasons that can cause an eviction. The first one is usually when the tenant, for whatever reason does not abide by the agreed terms such as paying the rent, avoiding disturbances, avoiding causing damage to the property, etc.
The second reason could be one that may not be seen as a direct fault by the tenant. Here the property manager may simply want to sell the property, convert it into something else, perform major renovations or repairs on it, etc.
Whatever the case, the reason for the eviction has to be clearly indicated in order to avoid displacing the tenant and infringing upon his or her rights.
• Maintain calmness during the entire process
Evictions tend to elicit different reactions from people. In order to avoid any misunderstandings, have a face-to-face discussion with the renter. Come to an understanding before you officially begin the eviction process.
A meeting will allow you to explain your decision and your need to carry out the eviction. This will also allow you to explain to the renter why avoiding any conflict will be in their best interest.
If the tenant offers resistance, explain to them how the process could potentially damage their credit score, their ability to get loans and more. If the discussions do not bear fruit, begin the formal process of an eviction.
• Do not carry out the eviction physically
Do not do anything that may make the judge rule against you. No matter how frustrating the process may become, do not take matter into your own hands.
Do not change the house’s locks, enter the renter’s residence, cut off utilities, or remove any of their property. Keep a level head at all times, the judge will very likely rule in your favor if the tenant has broken the terms of your agreement.
• Prepare the tenant a notice in writing
Depending on the regulations of the state you are in, fill up all the appropriate forms (https://eforms.com/eviction/nm/ ) and write a notice to the tenant stating why he or she needs to vacate the premises.
Wherever possible include the requirements they need to fulfill in order to avoid the eviction. The notice must be properly signed, dated, and clearly typed out so that the renter receives all the necessary information. The notice should also clearly indicate the date of the intended eviction.
• Deliver the letter
This letter can be physically handed to the tenant, sent through mail, left in the mailbox, or simply slid under the tenant’s door. As stated earlier, it must indicate the date the tenant is required to move out and the due date for any money owed. Most state laws require the property manager to file the notice between 30 to 60 days before filing any paperwork with the court.
• Moving to the court
If the eviction date to came and passed, and the tenant has not vacated the property, proceed to your local court and file the eviction papers. The court clerk will then schedule a hearing and notify the tenant. You will be required to pay a small fee during the filing.
Prepare all the necessary paperwork to present to the court when your court date arrives. Ensure that you include the necessary proof that shows you gave the tenant enough time to vacate the premises.
If you follow these steps and carry out all the requirements under the Landlord and Tenant Act, you should be able to evict the tenant successfully, if there is good reason.
Even though you may not need to hire a lawyer for this process, it would still be advisable to seek legal counsel whenever you are in doubt.
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