Millions of Americans are evicted each year. If you're a landlord then it's a possibility that at some point you might have to deal with a tenant eviction. Evictions can be tough to deal with for many different reasons.
Not only is it possible to be met with pushback or even or even aggression from renters, but it can also be a tricky area legally. You need to make sure you're following the proper procedures when carrying out an eviction. With this in mind, let's take a look at some common tenant eviction myths so you can be informed on what to do and what to avoid.
1. You Can Evict a Tenant Whenever You Like
One of the most common misconceptions regarding evictions is that a landlord can evict a troublesome tenant for no reason. On the contrary, a landlord needs to have a valid reason for evicting a tenant from their property.
In New Mexico, there are several situations that are considered grounds for eviction. If you're an Albuquerque landlord, you can only carry out a tenant eviction in the following situations.
- Nonpayment of rent
- Health or safety violation
- Violation of lease
- Illegal activity
2. You Can Enter the Property at Any Time if You're Planning an Eviction
Even if you're planning an eviction, you still need to respect the rights of your tenant. In fact, if you do break the law at any point during the eviction process this can end up hurting your case down the line. New Mexico landlords need to provide a minimum of 24 hours notice of entry.
Make sure to follow the letter of the law. Always provide your tenant with ample notice before you're planning to enter the property.
3. The Eviction Process Is Usually a Swift One
You might not be happy to hear this, but it's true. It's a myth that the eviction process is always going to be over and done within one day.
Once you've got a valid reason to evict your tenant, you need to serve an eviction notice, file a complaint, and then go to court. The entire process can end up taking several months.
4. Once the Eviction Process Has Begun It Can't be Reversed
You might have thought that once you served your tenant with an eviction notice their eviction was a done deal. However, this isn't always the case.
The eviction process is set up in such a way to give tenants time to pay late rent, for example. So when you're evicting a tenant remember that it's not over until it's over.
Handling Evictions the Right Way
Tenant evictions are often contentious situations and can be legally sticky. Because of this, you need to make sure you're handling them in the right way. We hope these tenant eviction tips will allow you to do just that.
If you'd like more help in handling evictions or any other part of being a landlord, have you considered working with a property management company? At Albuquerque Property Management we're experts in this area. Give us a call today to see what we can do for you.