Property Owner Rights in the Event of an Eviction

It makes sense that investors who buy residential properties as rentals expect tenants to pay rent after they move in. So, it makes sense that when a tenant fails to pay their monthly rent or violates the terms of their lease in some other way, investment property owners and property management companies have the right to evict the tenant.

However, after eviction moratoriums went into place in the wake of the global pandemic, investment property owners became concerned that renters would no longer be held to the eviction process, and many stopped paying rent as a result. During this time, many property owners have felt like they have no rights to collect rent or remove residents that don’t pay. 

However, real estate investors have the right to pursue legal eviction for lease violations. The best property management company Atlanta offers can tell you that it’s important to follow the rules to deal with bad tenants and protect your rights as an investment property owner.

 

The owner holds a new home key from a real estate dealer

 

What Do Rental Property Owners Need to Know About Eviction?

The eviction process is a legal proceeding that a property owner follows when it is necessary to force a tenant to move out. However, there are several rules that a property owner must follow to evict a tenant. In addition, states (including Georgia) and municipalities have unique rules in place to follow.

Deliver Written Notices In a Clear and Timely Manner

Landlords must notify tenants with written notices when rent is past due or when they have evidence that the tenant has violated some other aspect of the lease. This notice is important because it puts a renter on notice with the opportunity to resolve the issue before moving forward with an eviction. Written notices also show that the property owner properly delivered a notice as required. 

Allow Tenants to Resolve the Situation Under the Lease

After the notice is delivered to a resident, the property owner should allow time for the renter to resolve the issue under the terms of their lease agreement. It is essential to follow the terms of the lease and all landlord-tenant laws that outline how much time the tenant has to correct the violation before starting an eviction lawsuit. 

Enforce Penalties According to the Lease Agreement

Investment property owners also have the right to enforce the penalties identified in the lease for any violations. This can include late fees for delinquent rent, additional deposits that might be required, or fines listed for breaking the rules. Property owners must enforce these penalties to ensure that tenants understand that the rental agreement is a binding document throughout the lease term. 

Hiring a Property Manager Can Help!

An investment property owner also has the right to hire a property manager that can manage tenants, lease enforcement, and the Georgia eviction process. The right Atlanta property management company can also navigate an eviction lawsuit with you. Plus, with a reputable property manager, many property owners experience fewer evictions and better residents!

Start the Eviction Process When Renters Refuse to Comply

An investment property owner can use eviction as a tool when tenants refuse to resolve lease violations or pay their monthly rent on time. As long as the proper eviction notice process is followed (according to Georgia law) and documented, the eviction process can be used under the terms outlined in the lease agreement. Since the answer to the question of how long does it take to evict a tenant can vary depending on the situation, it’s important to act as soon as you believe you have grounds to evict a tenant lawfully.

 

Landlord-Tenant Law and eviction notice on a desk

 

Consult Your Lawyer

Property owners should also remember to consult a real estate or eviction attorney when dealing with difficult tenants. While property managers are an excellent asset for handling bad tenants, your lawyer also helps advise you on next steps to avoid legal violations. In addition, a property manager or lawyer can help owners manage troublesome residents, enforce rent collection and lease terms, and participate in the housing court process if eviction becomes necessary. 

An Atlanta Property Management Company Helps Protect Property Owners!

There is a lot at stake for an investment property owner who is forced to deal with tenants who don't comply with the terms of their lease agreement. Monthly rental payments may stop, which affects a property's cash flow. Damage to the property could occur, which impacts a real estate investor's ROI and the property's value. 

Investment property owners need to know their rights to protect the value of their investment. The team at Compass Property Management is here to help if you’re looking for the best property management company Atlanta offers! Our team helps investors enjoy better renters through a careful screening and selection process. If residents become a problem mid-lease, we work with your attorney to resolve the situation and protect your bottom line. Reach out today to learn more about how our property management services can help!

Learn more about the eviction process when downloading our free Tenant Eviction Checklist!

TECL.Blog