Property Management 101: What is the Eviction Process?
Eviction is a messy process that no one wants to go through — tenant or landlord. It is a long process that involves legal action and can be quite costly. But if you or your rental property management has to evict a tenant, you must know the answer to one question: what is the eviction process in my state?
For us, The BC Team, we have properties in Michigan and Arizona. Both states have different processes that we’ll go over in today’s blog. Let’s get started.
What is an Eviction?
An eviction is the legal removal of a tenant from a rental property. It’s often associated with a quick notice and a hefty scare for the tenant who is being evicted, but in actuality, an eviction is a lengthy legal process.
According to TransUnion, the average eviction-related cost to landlords is approximately $3,500, and an eviction can take as long as three to four weeks to complete. Because of this, it’s often better for a landlord or property manager to come to an agreement with the tenant instead of going through the eviction process.
Every State Has a Different Eviction Process
As we mentioned above, every state has different regulations around eviction. Because the process is lengthy, we’re only going to share what it takes to get it all started so you can go to court. In Arizona, the first step is always to give the tenant notice that the eviction process is going to occur.
The landlord or property manager has to give one of the following notices before filing an eviction lawsuit.
Five-Day Notice to Pay Rent
If the tenant fails to pay rent when it is due, the landlord can give the tenant a five-day notice to pay. Eviction Notices for Nonpayment of Rent in Arizona has more information.
Five-Day Notice to Cure
If the tenant fails to maintain the rental unit and that lack of maintenance affects the health and safety of the tenant or other tenants on the premises, then the landlord can give the tenant a five-day notice to cure. If the tenant does not make the necessary repairs or maintenance by the end of five days, then the landlord can file an eviction lawsuit with the court (see ARS § 33-1368(A)).
Ten-Day Notice to Cure
If the tenant violates the lease or rental agreement, then the landlord can give the tenant a ten-day notice to cure. If the tenant does not fix the violation in ten days, then the landlord can file an eviction lawsuit against the tenant (see ARS § 33-1368(A)).
Unconditional Quit Notice
In some instances, the landlord can give the tenant an unconditional quit notice. This notice must inform the tenant that the landlord is terminating the lease or rental agreement immediately, with no opportunity for the tenant to remedy the situation.
The landlord can then immediately go to court and file an eviction lawsuit against the tenant. Because the unconditional quit notice is immediate and the tenant cannot correct the situation, it can only be used in the following situations:
Discharging a Weapon
Criminal Street Gang Activity
Use or Sale of Illegal Drugs
Assaults or Acts that Threaten Harm to Others.
Once you have one or more of these notices on record, you can proceed with filing a complaint in court to get the eviction process started.
The Eviction Process in Michigan
In Michigan, evictions can start without much notice as well. It is optional for a landlord or property manager to send warning letters to tenants that give them a grace period to remedy missed rent, maintenance problems, or other issues.
Instead, if they so choose, a landlord or property management company can skip directly to sending the official eviction notice.
Sending a Legal Notice
The official legal document necessary to start an eviction in Michigan is called a notice.
The notices are very similar to those required in Arizona. Typically the time period is 7 to 30 days. In some cases, the notice period can be as little as 24 hours.
Filing a Complaint
If a tenant does not comply with the notice, landlords or property managers then must file a complaint in the District Court that has jurisdiction over the area in which the rental property is located. From there, the hearing and legal process of the eviction begins.
Don’t Know How to Handle An Eviction?
If you own a rental property, we know how hard it can be to manage problem tenants. You’ve poured so much time and pride into your units and they deserve to be treated with respect, as do you. That’s where property managers can step in to help.
We at the BC Team know the eviction process well and are ready to help you through it as your property management team. Let us get you through the bad stuff with renting your property so you can start enjoying the good again. Give us a call today!