Evictions are a reality in the residential rental industry. Although you may never have to have a tenant evicted, it is possible that you may have to experience this process. The best defence against having to evict a tenant is to have a quality selection process, strong maintenance program, and a responsive property management office. Real Property Management Service provides you with all three of these resources in order to mitigate the possibility of eviction.
The eviction process can vary by province, and situation with your tenant. You can depend on Real Property Management Service to have the expertise and legal professionals to make the process as humane and expedient as possible.
Every eviction is different. Your Real Property Management Service office will coordinate with you if you’re confronted with the possibility of having to evict a tenant.
Eviction Protection Plan
Some owners elect to purchase an eviction protection plan through Real Property Management Service, when they sign their Management Agreement. If you have chosen this option, be sure that you understand it clearly. While it is a good plan designed to cover the majority of circumstances, it does have its limitations. Your Real Property Management Service office can review those limitations with you.
There are three general categories of fees you can expect to encounter in an eviction. Although the timelines and specific processes may vary, and the actual costs will differ based on legal requirements, you can expect the following fees:
Your Real Property Management Service office has already identified professional, competent, and reasonably priced legal counsel that it prefers to use if an eviction is necessary. Alternatively, you can use your own legal counsel if you prefer. Legal fees generally begin with the lawyer or paralegal drafting a Eviction Notice, and continue through final judgment by the Landlord and Tenant Board adjudicator. These fees can be reduced by participation an eviction protection plan for uncontested evictions.
These include the cost of the initial process to serve the summons and complaint.
Rent Ready Expenses
Generally, an evicted tenant will leave the property in a condition that requires additional cleaning, item disposal, maintenance, or repairs. Although the evicted tenant is ultimately responsible for such repairs, we cannot depend on the tenant to pay these fees immediately. Provisions should be made to set aside funds when it is initially identified that an eviction process if going to be necessary.
How long does it take?
The short answer is that it depends on several factors. Some common factors include provincial or local laws, the tenant avoiding service of the summons, and the tenant contesting the eviction. Rest assured that your Real Property Management Service office is well versed in executing the eviction process in conjunction with local legal counsel. In general, the process requires the service of a Eviction Notice that informs the renter that he or she violated the lease and needs to pay the balance due and correct any violations, or surrender possession and return the keys. If the tenant does not comply, then the case is filed with the appropriate court, and the hearing date is set. Following the initial legal proceedings, the tenant is generally provided a time to move prior to Sheriff attendance. All things considered, the process can average anywhere from six (6) to twelve (12) weeks on average.