Eviction Protection For Your Rental Investment

Eviction Process

No landlord wants to spend their week in court handling an eviction when they’ve got other things to do. Any landlord familiar with the process remembers the step-by-step process laid out in the steps below. So let OmniKey Realty’s experts handle that uncomfortable process for you. We’ll handle everything from the first notice to the final judgment, and all the steps in between.

5 Steps to the Eviction Process

Eviction is one of the most particular processes that property owners and landlords have to abide by. If done incorrectly, it can lead to unleased property, a loss in earnings, embarrassing situations for new tenants and at worst- lawsuits or dangerous situations. Understanding the specifics of eviction can help new and veteran landlords, and the process can generally be broken down into 5 steps

Step 1: Providing Notice

Proper notice must be given to the tenant in the time frame that is listed on their lease. Typically, this is a 24-hour or 72-hour process, but specific leases will lay out the correct timeline for each situation. Proper notice means that the eviction documents must be provided in one of two ways:

• Placed inside the home
• Placed outside the home & also mailed to the tenant through certified mail

In both cases, the notice should be labeled IMPORTANT DOCUMENT, to prove urgency to the tenant.

Step 2: Filing for Eviction

The landlord should file an eviction petition in the precinct and city where the home is located. Make sure to file the petition the day after the notice expires. Early filing can lead to a dismissal of the eviction process

Step 3: Justice of the Peace Court Hearing

This typically will occur about two weeks after the eviction notice expires but can be shorter or longer depending on how busy courts are at the time. Landlords should be sure to bring the following documents to court:

• The tenant's lease
• The eviction notice
• Proof of delivery of the eviction notice
• Any other important documents (e.g. non-renewal policy for non-renewal evictions, photos that might support your case, etc.)

It is recommended that landlords keep their language short and simple when addressing the judge. Stick strictly to facts and don’t overshare regarding each individual case.

Step 4: Judgement Process

At this point, the tenant will be given a 5–6-day deadline to move out. Depending on the outcome, the eviction process will branch in one of three different ways

A) Evicted tenant moves out

If the tenant leaves peacefully within 5-6 days, make sure to check the property fully, ensuring all people and personal belongings have been removed from the property. If so, the landlord can file an abandonment notice to reacquire the property legally

B) Evicted tenant doesn’t move out

If the tenant doesn’t leave or file an appeal within 5-6 days, the landlord should contact the constable about a writ of possession. That writ of possession will typically be served 1-2 weeks later. The constable will issue a red tag notice to the tenant one day before the writ is served. If the process gets to this point, the landlord should be sure to bring a locksmith and movers to the property. It’s recommended you bring 2 movers per room of the property, as the writ only allows you two hours for the eviction process. After those two hours, you are charged for the amount of time that you stay at the property

C) Evicted tenant files an appeal

If the tenant chooses to appeal the judgement, the case will be presented to a county court. This is usually 1-2 weeks later. The landlord should expect to bring the same documents as before to court, and provide the same information. It’s important to make sure that this information lines up precisely with what was presented before. After the appeal, the tenant once again has 5 days to file a superseding appeal or face eviction.

Step 5: The Re-listing Period

It is important not to re-list the property or make arrangements for the property until it’s confirmed that the previous tenants have been evicted. A landlord never knows the state someone may be in after being evicted, and this can avoid dangerous or embarrassing situations from taking place when new tenants are scheduled to move in.