Administration of a successful rental property is a tremendous undertaking, one fraught with a variety of pitfalls, challenges, and, potentially, reward. Across the country there are a number of laws governs how rental properties operate, from zoning to the use of tenant screening reports. One significant potential legal battlefield involves evictions.
Evictions are an everyday part of the rental experience, one that is as big a challenge as one can get, but it is an important tool utilized by landlords and property managers, specifically in removing individuals that run afoul of contractual and legal obligations.
Evictions must be conducted in a legal and lawful manner. Failure to do so could result in legal action.
In Springfield, MA owners of a rental property faced a legal challenge with tenant screening policies.
From masslive.com (Oct 04, 18):
A judge’s finding that the owners of a State Street apartment building discriminated against three tenants who were participating in a substance use recovery program sends a message to other landlords, said the executive director of the agency that filed the complaint. masslive.com/news/index.ssf/2018/10/court_discrimination_ruling_se.html
Across the country tenants, courts, and landlords feel the pain. In Mississippi, everyone involved feels the pain as the courts cycle through thousands of evictions.
From DJournal (Oct 01, 18):
Justice courts serve as Mississippi’s first step of the judicial system, and hear small-claims civil cases, such as misdemeanor criminal cases and some traffic offenses. These are not courts of record, most defendants are not represented by counsel and the judges are elected locally. But, they are efficient. And it’s here where most evictions in Jackson land.
Mississippi ranks eighth in the nation for evictions, according to the Eviction Lab, a Princeton-based research team that compiled every eviction record in the country from 2000 to 2016. And Jackson ranks fifth highest for cities with 100,000 people or more. djournal.com/mississippi-today/repeat-evictions-take-toll-on-tenants-justice-courts-and-landlords/article_f7331742-340a-597f-aab0-f0d4bb41a06f.htm
It remains clear that evictions will remain highly contentious and lawsuits will continue over legal and lawful use.
In Huntsville, Alabama a group of tenants brought suit against a support group that provided housing.
From WAFF.com (Oct 01, 18):
A local group is slapped with a lawsuit after tenants receive questionable evictions.
And it goes deeper; these same tenants contacted WAFF to highlight the living conditions at their apartment complex in Huntsville and the group over it, promising to bring people in off the streets. waff.com/2018/10/02/huntsville-group-slapped-with-lawsuit-over-evictions/
The tenants involved in potential legal action had been served with a 24-hour eviction notice, which is illegal in Alabama.
Regardless of the rental situation, evictions will occur. And there is definitely a right way and a legal way to conduct an eviction. Ultimately landlords and property managers must comply with all laws governing the eviction process. Failure to do so could result in a lawsuit. A best practice remains for all landlords and property managers to work with a well-qualified third-party tenant screening agency in order to remain fully compliant with law.
To learn more about the continuing challenges with evictions in the USA and why it is so important that landlords remain legally compliant during the eviction process read recent TenantScreeningUSA.com press release: Evictions: Always a Challenge with Landlords and Property Managers