Master the Eviction Process: Legal Insights from Our Webinar

Navigating the eviction process can feel like a legal minefield. That's why we recently hosted a webinar on mastering the eviction process featuring seasoned eviction attorney Phil Revah from Revah Law. The session was packed with practical advice to help property managers handle evictions effectively and lawfully.

We covered crucial topics like preventing landlord-tenant disputes, identifying the top reasons for eviction, understanding the eviction timeline, and the critical dangers of self-help eviction. Attorney Revah also shed light on common mistakes to avoid and how tools like DoorLoop can help protect property managers and build a stronger case.

We've compiled some of the key takeaways from the Q&A session with Phil Revah. The information below is not legal advice and varies by jurisdiction. Please consult with your local attorney and check your local City and State laws.

Understanding Security Deposits and Damages

• Question: Should I take pictures of damages if I'm going to take money from the tenant's deposit from the damages the tenant caused?
• Attorney Revah's Insight: Absolutely! Meticulous documentation is your best friend. Taking photographs and videos of damages, alongside a signed move-in inspection report, provides crucial evidence to support your claim against the security deposit. This helps prevent disputes and demonstrates you are acting in good faith.

Navigating Occupants Not on the Lease

• Question: In Florida, if a person is living in a property and she is not in the lease contract, how can I evict her? She is receiving mail under her name already at the property.
• Attorney Revah's Insight: In Florida, even if someone receives mail at the property, if they are not on the lease, the process to remove them typically involves serving them with a notice to vacate. The specific timeframe and legal procedures will depend on the circumstances, but it's essential to follow the legal eviction process and avoid self-help eviction. Consulting with an attorney in Florida is highly recommended in such situations.

Lease Stipulations and State Law

• Question: We had stipulations written into the lease in Special Stipulations. The tenant is saying that TN law supersedes what is written in special stipulations. Is this correct, or are the special stipulations also viewed as part of the official lease?
• Attorney Revah's Insight: Generally, state law will supersede any conflicting terms in a lease agreement, including special stipulations. While special stipulations are part of the lease, they cannot violate or contradict existing tenant-landlord laws in Tennessee. It's crucial to ensure your lease agreements comply with local and state regulations.

Handling Security Deposit Returns

• Question: If we need to return a security deposit but don't know where the tenant moved to, what do we do with it?
• Attorney Revah's Insight: Most jurisdictions have specific regulations regarding unclaimed security deposits. Typically, you'll need to send the deposit to the tenant's last known address via certified mail. If that's unsuccessful, you may be required to hold the funds for a certain period and then potentially turn them over to the state as unclaimed property. It's vital to check your local laws for the exact procedures and timelines.

Serving Eviction Notices

• Question: A notice should be served by a constable or can be done by the landlord/property manager? Any advantage to a constable serving it? Should it be 14 days notice minimum in MA or less?
• Attorney Revah's Insight: The rules for serving eviction notices vary by state. In Massachusetts, certain notices must be served by a constable or sheriff. Using a constable ensures proper legal service, which can be crucial for a successful eviction. The notice period in Massachusetts depends on the reason for eviction, so it's essential to consult the specific laws for the correct timeframe (it may be less than 14 days in some circumstances).

Lease Renewals vs. Addendums

• Question: Do you recommend having a new lease every year or just having an addendum to extend the lease?
• Attorney Revah's Insight: Both options are viable. A new lease provides an opportunity to update terms and conditions. An addendum is simpler for extending the existing agreement. The best approach often depends on the extent of changes needed and your administrative preferences. Ensure any addendum clearly outlines the extended term and any modifications to the original lease.

Partial Rent Payments During Eviction

• Question: If a tenant is behind on rent and makes a partial payment, can the eviction process continue?
• Attorney Revah's Insight: This depends on the specific laws in your jurisdiction and your actions. Accepting a partial payment after serving an eviction notice might, in some cases, restart the eviction process or require a new notice. It's crucial to understand your local regulations and consult with legal counsel on how to proceed when a partial payment is offered during an active eviction.

Impact of Tenant's Family Situation on Eviction

• Question: Does it matter if the tenant doesn't pay their rent and has a baby or children they need to take care of and are a single parent? Will that affect their eviction? Would they have rights not to get evicted just because they have kids? Is that law different than Florida vs. New Jersey?
• Attorney Revah's Insight: While a tenant's family situation is sympathetic, it generally does not provide legal grounds to avoid a lawful eviction for non-payment of rent. Landlord-tenant laws focus on the contractual obligations of the lease. However, judges may have some discretion in specific circumstances, and eviction proceedings must always be conducted legally and without discrimination. Laws can vary significantly between states like Florida and New Jersey, so it's crucial to be aware of the specific regulations in your location.

Handling Abandoned Property

• Question: Tenant said in writing she moved out at lease end (not eviction), but left items behind. We asked her to return for them, no response. We removed them ourselves. Are we liable for disposing of her belongings after written move-out and no reply?
• Attorney Revah's Insight: Most states have laws regarding abandoned property. Generally, after a tenant vacates, you must provide them with a reasonable timeframe to retrieve their belongings, often via written notice. If they fail to do so, you may be permitted to dispose of the property, but you must follow the specific legal procedures in your jurisdiction to avoid liability.

Key Advice from Attendees

• Insight: Not a question, one piece of advice we received was to go to eviction court and just watch and learn. You can learn a lot from just being in the courtroom.
• Attorney Revah's Endorsement: This is excellent advice! Observing eviction proceedings firsthand can provide invaluable insight into the process, what judges look for, and common pitfalls to avoid.

DoorLoop and the Eviction Process

Throughout the webinar, we also highlighted how DoorLoop can be a valuable asset in managing the eviction process. Features like secure document storage, communication logs, and organized tenant records can help property managers build a stronger case and streamline their operations.

Free Resources

Here are some free legal and eviction resources to help you:

• The Landlord's Guide to Evictions Whitepaper
• Eviction Notice Forms
• Eviction Laws by State
• Schedule a Demo of DoorLoop

Stay Informed and Seek Legal Counsel

The eviction process is complex and varies significantly by jurisdiction. This webinar provided valuable insights, but it's crucial to stay informed about the specific laws in your state and local area. When facing eviction proceedings, consulting with a qualified attorney is always recommended to ensure you are following the correct legal procedures and protecting your rights.

Thank you to everyone who attended our webinar and for the engaging questions! We hope this summary provides helpful insights for navigating the eviction process. Check here for future webinars and resources to help you manage your properties effectively.