3 Easy Ways To Avoid Unnecessary Delays In The Eviction Process

WHAT CAN LANDLORDS DO TO MAKE SURE THEIR ATTORNEYS CAN MOVE AS QUICKLY AS POSSIBLE?

Regardless of what state you live in or what type of rental property you own, you’d do your best to avoid evictions whenever possible. The use of the legal system to regain your property is not ideal and more often than not the process is lengthy and exhausting. There’s not much you can do about that. But there are certain “unforced errors” you can avoid to ensure the process goes as smoothly and quickly as possible. Here are the most common that we’ve seen across our offices in Rhode Island, Massachusetts, Connecticut, and Arizona.

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1. DON’T WASTE TIME!

The biggest mistake we see landlords make time and time again is delaying the process while they wait for late payment or let tenant-provided excuses play out. In the vast majority of states, there is a grace period built in by law that provides some lag time for tenants. For example, in Connecticut, rent may be due on the 1st of the month, but tenants are protected from late fees or any legal action with a 9 day grace period…so in reality, they’ve got 10 days to pay their rent without recourse. So why would you welcome an excuse on the 11th?

Obviously tenant history comes into play and there are always elements of gray, but the best move is to begin with the legal steps outlined by your state as soon as rent is late. In most states, the first step will be a Notice To Quit, which will provide the tenant with an official warning telling them they need to pay, leave, or be evicted. This action has teeth and does not marry you to the full eviction process, but tells the tenant you’re serious.

It’s also important to remember that even the cleanest evictions can take two to three months…so adding time on the front end of that is just not a good idea.

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2. MAINTAIN ACCURATE AND UPDATED INFO

One easy way to slow down your eviction case is to have gaps or inaccuracies in the info that your attorney will need to track down prior to proceeding. They need to know as much as they can about the tenants and their payment history. Here are the big three:

TENANT LEDGER: History of paid and unpaid rent since the beginning of the tenancy. This assumes you’re evicting for non-payment, which is the most common and most straight-forward eviction.

WHO LIVES THERE: Are all adult residents named on the lease? Are they all still present? Even if someone moved out their name will be included and the time it takes to rescind the eviction against them adds more time to the process.

WHO REALLY LIVES THERE: Do you have specific identifying information for each in the form of their birthday and/or Social Security Number? If not you’ll need to pay for someone to track it down and this will add expense and time to the process.

There are also instances where you might be evicting for lease violations. In this case, clear records of communication and any evidence of said violations are critical to proving your case.

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3. ENSURING YOU HAVE A COMPLETE COPY OF THE LEASE

The lease is the contract and without that complete binding agreement you’re decreasing the certainty of your case for removal. We’ve seen everything from unsigned leases to leases missing pages to leases that are illegible due to age and condition. Eviction defense attorneys make a living picking apart subpar records and searching for loopholes…don’t make their lives easier.

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BEST PRACTICES AND NEXT STEPS:

Nexus Property Management® has been partnering with rental property owners for over 12 years and on the very, very, rare occasions that a Nexus-placed tenant is evicted, we have our ducks in a row from day one. Hiring a property manager makes it much easier to ensure you have accurate and complete records, but if you are managing your own property, be sure to require an application during the leasing process that includes birthdate, Social Security Number, and includes full background checks. By securing that info and performing the background check, you’ve ensured you’re renting to the one and only Bob Patrick Jones born on August 23, 1983 who used to live in Bowling Green, Kentucky…so you don’t have to wonder which Bob Jones he is should things go sideways and the court can’t figure it out. Please note, if you are managing or doing the leasing yourself, Zillow only keeps records for 30 days. You’ll need to download those items for your own records.

And then safely store that application (too many people discard these once the tenant is placed) and the signed lease in a safe and secure location -- none better than in a digital folder. When it comes to the lease, hire or receive guidance from a professional. All too often we see landlords who created their own leases, typically using an online template, with language that does not cover or say what they think it does, or with major omissions, or with items that are not enforceable as they don’t align with state law.

Finally, be sure to keep updated records and most importantly, do your best to foster a relationship with the tenants that decreases the odds of non-payment in the first place.

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Mick Lefort is the General Manager of Nexus' New Haven County Franchise Office and the Vice President of Operations for Nexus Property Management®, a National Property Management Franchise that manages all types of rental property from single family homes or condos to large apartment buildings and complexes.

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