The Eviction Process: What to Do After Serving a 30-Day Notice

Osprey Property Management   |   date February 2022

If you are a property owner in Hampton and have served a 30-day notice to your tenant, you probably wonder what comes next. The eviction process can be tricky, and it is essential to make sure that you follow all of the legal requirements. This blog post will discuss the steps you need to take after notifying your tenant and what to expect if he refuses to comply.

What Are Valid Reasons to Serve a 30-Day Notice?

There are a few reasons why you may need to terminate the relationship with your renter, but not all will be legally valid or avoid violating your tenants’ rights. The most common reason property owners serve a 30-day notice is that the tenant has failed to pay rent. If your tenant has not paid rent for two months or more, you may have grounds to evict them.

the notice of eviction of tenants hangs on the door of the house, front view

Other common reasons to remove a tenant are:

  • Accruing two or more violations of the lease agreement within six months
  • Disrupting the peace and health of other tenants
  • Engaging in illegal activity on the property
  • Damage to the property beyond normal wear and tear

It's essential to detail your lease agreement to understand what is and isn't allowed on the property. This will help avoid any confusion or disputes with your tenant later on. If they violate the lease agreement, you can serve them with a 30-day notice.

Always have a just cause to evict your tenant. If you do not have legal grounds, the eviction process can lead to legal issues for you (instead of your renter). 

What to Do If a Tenant Fails to Move Out

If your tenant fails to move out, you need to file an unlawful detainer lawsuit—aka eviction lawsuit—with the local court and pay a small filing fee. This will start the legal process of evicting your tenant from the property.

The renter must be served with the court documents and has five days to answer the complaint. If they do not answer, the court will automatically rule in your favor. However, if the renter feels they're wrongfully accused, they can file a countersuit.

If the tenant files a countersuit, the court will set a date for a hearing. Both sides will present their case at this hearing, and the judge will decide. If the judge rules in favor of the tenant, they will be allowed to stay on the property. However, if ruled against them, the tenant will be required to move out within a certain timeframe.

Frustrated young african american woman reading paper letter with bad news

If the tenant still fails to move out after being ordered by the court, the property owner can request a writ of eviction from the sheriff's office. The sheriff will then post a notice on the property informing the tenant that they must vacate within 24 hours or they will be forcibly removed from the property.

In some jurisdictions, tenants are entitled to a jury trial if they ask for one. In jury trials, the jury determines whether the tenant should be evicted.

How To Ensure a Ruling in Your Favor

If you want to ensure that the eviction process goes smoothly and get a ruling in your favor, it is crucial to have all of your documentation in order. This includes things like the lease agreement, rent records, and any other proof that you have of the tenant violating the terms of their lease.

It is also essential to make sure that you follow all of the legal requirements for eviction. This includes giving proper notice to the tenant. You should also give written notice regarding the move-out date, time frame for remaining occupancy, and follow-up notifications.

Always keep track of your communication with the tenant, as this can be used as evidence in court if necessary and will ensure that you have a strong case if there are any disputes or if the eviction process goes to court.

Hiring a lawyer is also recommended, especially if you are unsure of the eviction process or if the tenant has filed a countersuit. Their expertise will ensure that you have the best chance possible of getting a ruling in your favor.

Avoid Legal Headaches: Hire a Property Manager to Take of Evictions

The eviction process can be complicated, time-consuming, and stressful. If you want to avoid any legal headaches, hiring a property management company and consulting a lawyer to take care of evictions is best. A property manager will have the experience and knowledge to ensure that works out for the best and that your tenant is legally required to vacate your rental property.

As the best property management Hampton has to offer, Osprey Property Management has plenty of experience in handling evictions. Reach out to learn more about how we can help!

Get more insights into the eviction process with a free copy of our “Rental Property Owner's Tenant Eviction Checklist.”


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