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Evictions: 3 Costly Eviction Mistakes That Landlords Make

HomeRiver Group Memphis - Friday, October 21, 2022
Property Management Blog

While evictions are not something that a landlord ever wants to consider, sometimes they are left with no other choice. Unruly tenants who refuse to pay rent, carry out illegal activities on the premises or cause property damage can leave landlords with a serious problem. An eviction is a legal process that allows a landlord to remove such tenants from their properties.

It is essential that landlords properly follow eviction rules. Making mistakes during the eviction process can be very costly for landlords. In this eviction guide, we will highlight 3 costly eviction mistakes that landlords should avoid making.

1. No Legal Cause to Evict

In every state in the United States, landlords must follow specific rules and procedures in order to correctly evict a process. Not doing so can result in serious and costly consequences. In Tennessee, these include actual and punitive damages and tenants can sue for attorneys' fees.

Examples of legal reasons for eviction include:

  • Non-payment of rent
  • Incomplete rent payment
  • Committing an act of domestic violence
  • Criminal activity
  • Not vacating a property when the lease is up
  • Housing an unauthorized tenant
  • And more

Always be sure that you are following the law when commencing the eviction process.

2. Not Respecting the Process

There are a number of different termination notices that a landlord can issue to tenants. These include:

  • Pay rent or quit notice
  • Cure or quit notice
  • Unconditional quit notice

Each of these procedures requires landlords to follow certain guidelines. Our team at HomeRiver Group in Memphis will be able to help you correctly follow the eviction process and avoid making any costly mistakes.

3. Improper Service of Eviction Notice

The delivery of the eviction notice is an important part of the process. Improper service of the eviction notice can delay the process and allow tenants to build a defense against the eviction case.

Effective methods of service for an eviction notice include:

  • Certified mail with return receipt
  • Sheriff
  • Personal service
  • Private process server
  • Affixing notice to the door
  • Substitute service and mailing

Proper service of the eviction notice will help to ensure that it is held up in court, should eviction proceedings commence.

Evictions: Costly Eviction Mistakes That Landlords Make

There are a number of steps involved in evicting a tenant. Making errors at any stage in this process can be both costly and make it more difficult to legally remove unruly tenants. Typically, the eviction process begins with a notice from the landlord, asking tenants to remedy certain conditions, as noted above.

The landlord can begin eviction proceedings through a court if their tenants do not provide a remedy. During the court process, judges will review evidence, hear testimony, and decide on whether to evict or dent the landlord's request.

For professional support on evictions and property management in Memphis, your premier choice is HomeRiver Group. Contact our friendly and experienced team today for more information.