Evictions can be stressful and complex for both landlords and tenants, and they require a clear understanding of legal procedures and timelines. While the eviction process varies by state, a few best practices can make it go more smoothly no matter your location.
In general, evictions begin by establishing legal grounds (from tenant obligations not being met to the expiration of a lease or other violations), providing written notice of eviction and then waiting for the notice to expire. If the tenant doesn’t vacate, an eviction lawsuit can be filed. A court hearing and a court order for eviction (if the property owner proves their case) follows, which allows for the enforcement of the eviction.
Because eviction laws vary by state, understanding how to deal with an eviction—whether it’s tenants or squatters—can be challenging. This is why SFR evictions should be led by your legal counsel and conducted only in coordination with local law enforcement—typically the sheriff’s department where the property is located.
Related Article: How To Protect Your SFR Property From Squatters
Landlords are generally required to provide written notice of eviction to tenants, and the length of time before the process starts can vary widely by state, from a few days to 30 or more. Because keeping track of all the requirements in different locations can be burdensome for SFR owners/operators, having a trusted partner with an experienced network of eviction specialists can help simplify the process by ensuring compliance in every location and instance.
For example, when an MCS client advises that an eviction is needed, our teams work in conjunction with the local sheriff’s department where the property is located to coordinate the eviction. This begins with scheduling the date and time of the eviction action and confirming how many people are required to be present during the enforcement of the eviction.
Depending on each sheriff’s department’s requirements, the owner may be required to remove all debris from the premises or simply change the door locks. At MCS, we carefully document the eviction work completed for both our and our client’s records, while also making a concerted effort to help the renter maintain their dignity as we are committed to respecting their privacy throughout the process.
Beyond ensuring compliance, a trusted partner like MCS can also advocate for clients to help expedite evictions. For example, if there’s a scheduling backlog with a local sheriff’s department, your partner can contact them on your behalf to determine if an approved eviction case can be scheduled, versus simply waiting to receive a notice of action. In many cases, MCS has worked with the sheriff’s department or other local officials while assisting our clients.
At MCS, compliance is always at the forefront of our eviction actions. If you’re looking for a trusted partner to help manage your evictions process and protect your SFR assets, contact Jason Myers or Kerry Anderson to learn more about how we can help.