Yes, property management can initiate the eviction process if you, as a tenant, fail to comply with the rules and regulations of your contract.
However, there is often enough time given before that, as the process isn’t immediate. A reputable property management company will provide you with a period of time and the reason(s) for eviction.
This guide shows you everything to know about the power that property management has over the eviction process.
Property Management and Eviction: A Bird’s Eye View
Eviction can sometimes be perceived as a swift and uncomplicated process, but in reality, it’s far from instantaneous.
There exists a stringent framework governing the eviction process, designed to protect both tenants and landlords alike.
Tenants need not fear unwarranted displacement as long as they adhere to the terms of their lease and maintain their obligations.
Understanding the Eviction Process
Property managers or owners cannot arbitrarily evict tenants without just cause or if the lease agreement remains valid, even if they possess a real estate licence.
A property manager can remove a tenant only after the following sequence:
- Prior to eviction, the property manager/owner must serve the tenant with a formal eviction or termination Notice to Leave, often represented by Form R12.
- This notice specifies a deadline by which the tenant must vacate the premises. (Notice periods vary by state, but typically vary between 14–90 days notice).
- Should the tenant fail to vacate by the specified date, further legal action may ensue.
Reasons for Property Manager to Initiate the Eviction Process
Here’s when a property manager is legally allowed to start the eviction:
1. Non-payment of Rent
Unpaid rent is one of the most common reasons for property managers to initiate the eviction process.
When tenants fail to fulfil their financial obligation to pay rent, property managers may take legal action to regain possession of the property.
2. Breach of Lease Terms or Conditions
When tenants violate the terms and conditions outlined in the rental agreement, property managers may initiate eviction proceedings.
Breaches of lease terms can encompass a wide range of actions, from unauthorised alterations to the property to failure to adhere to occupancy limits.
3. Damage to the Property Beyond Normal Wear and Tear
Property managers have the right to initiate the eviction process if tenants cause damage to the property that goes beyond fair wear and tear.
While some wear and tear is expected over the course of a tenancy, excessive damage can compromise the property’s integrity and require costly repairs.
4. Illegal Activities Conducted on the Premises
Engaging in illegal activities within the rented premises is a serious violation of the lease agreement and can lead to eviction.
Property managers have a responsibility to maintain a safe and lawful environment for all tenants and may take swift action if illegal activities are discovered.
5. Subletting Without Permission
Subletting the property without obtaining prior permission from the property manager or landlord is a breach of the lease agreement and can lead to eviction.
Property managers have the right to control who resides in the rental property and may have specific guidelines regarding subletting arrangements.
6. End of Fixed-Term Lease Agreement Without Renewal
When a fixed-term lease agreement reaches its end without renewal or extension, tenants are typically required to vacate the premises unless a new agreement is negotiated.
Property managers may initiate eviction proceedings if tenants remain in the property beyond the expiration of the lease term without authorisation.
7. Serious Disturbances or Nuisance Caused by the Tenant
Persistent disturbances or nuisances caused by a tenant can disrupt the peaceful enjoyment of the property for other occupants and neighbours.
Property managers have a duty to ensure that all tenants can peacefully coexist within the premises.
In cases where a tenant’s behaviour leads to significant disturbances or nuisance, property managers may initiate eviction proceedings to address the issue.
8. Failure to Maintain the Property in a Reasonably Clean and Tidy Condition
Tenants are typically required to maintain the property in a reasonably clean and tidy condition throughout the duration of their tenancy.
Failure to uphold this responsibility can lead to deterioration of the property’s condition and affect the well-being of other occupants.
Property managers have the right to enforce cleanliness standards outlined in the lease agreement and may initiate eviction proceedings if tenants consistently fail to meet these expectations.
How Does Property Management Evict a Tenant?
Here’s a breakdown of the steps involved:
Step 1: Understanding Eviction Laws
Before initiating any eviction proceedings, property managers must familiarise themselves with the eviction laws specific to their state. If you have family members who are property managers in other states, asking them about eviction law variations can help you.
Each jurisdiction has its own regulations governing the eviction process, and compliance is crucial.
Step 2: Determining Grounds for Eviction
Property managers must identify valid grounds for eviction, typically outlined in the lease agreement.
Common violations leading to eviction include failure to pay rent, chronic late payments, disturbance of other tenants’ rights, and property damage.
Step 3: Documenting Evidence
Property managers must meticulously document evidence of lease violations.
This documentation can include notices of late payments, photographic evidence of property damage, copies of email correspondence, bounced checks, and complaints from other tenants.
Step 4: Drafting an Eviction Notice
Once the grounds for eviction are established and evidence is gathered, property managers can draft an eviction notice.
This formal document notifies the tenant of the intent to evict them from the premises and specifies a timeframe to remedy the violation or vacate the property.
Step 5: Filing an Eviction Lawsuit
If the tenant fails to address the violation within the specified timeframe, the property manager may proceed to file an eviction lawsuit, also known as an unlawful detainer action, in the appropriate court.
Property managers must provide evidence that the tenant had ample opportunity to respond to the eviction notice but failed to do so.
Step 6: Court Proceedings
Upon filing the eviction lawsuit, a court date will be set. Property managers must present their case before a judge, providing evidence of the lease violation and the tenant’s failure to remedy the situation.
If the court rules in favour of the property manager, an eviction order will be issued, allowing the tenant a final opportunity to vacate the premises before enforcement action is taken.
The Verdict
Property management can evict a tenant, but it’s not a sudden, forceful procedure. In most cases, you’re given enough time and enough room to manoeuvre and potentially fix whatever caused the eviction notice.
As a tenant, you should do your best to adhere to the tenancy agreement to prevent being in such a situation.