Evictions are time-consuming and expensive. It may be perplexing and unpleasant when renters do not react. Find out what you can do here.
What you will discover:
Has my Eviction Notice been properly served on the tenant?
Why would a renter disregard an Eviction Notice?
If the renter does not react to the first Eviction Notice, should I serve another?
What can I do if a renter ignores an eviction notice?
What should I avoid doing if my renter fails to react to an Eviction Notice?
A landlord’s eviction is seldom simple. It is considerably more difficult for a renter. When a tenant fails to react to an Eviction Notice, the procedure seems to get even more convoluted. It may result in legal troubles for your renter as well as a hassle and more paperwork for you. Continue reading to find out what landlords may and cannot do when a tenant fails to react to an Eviction Notice or a lawsuit.
Has my Eviction Notice been properly served on the tenant?
If you have submitted an Eviction Notice but your renter has not answered, you should double-check that your Eviction Notice was properly served or delivered. There are state and municipal rules that govern Eviction Notices, including how they must be delivered and what they must say. If your notification does not comply with the law, you should consult with a lawyer since your renter may not be compelled to answer.
When a landlord correctly serves an Eviction Notice, the tenant typically has a specific length of time to correct the issue. If the renter pays the overdue rent, an Eviction Notice based on unpaid rent may become null and void.
While your Eviction Notice must normally include facts such as the breached lease term, tenant names, and rental address, it must also be delivered to the renter. Remember that your state or local laws may have unique rules for how Eviction Notices must be served. If your Eviction Notice was not properly served for whatever reason, you may need to serve it again and give the renter extra time.
If the Eviction Notice is correctly issued and the tenant does not address the problem within the period specified in the notice, the landlord may proceed with an eviction in court.
Why would a renter disregard an Eviction Notice?
When you are ready to evict a renter, you are usually eager for them to go. However, a tenant may fail to reply to your properly prepared and delivered Eviction Notice, leaving you unsure of your next moves.
The following are some frequent reasons why a renter may fail to react to your notice:
They are opposed to the cause for the eviction.
They are agitated or irritated.
They are terrified.
They do not have any other options.
They need additional time before relocating to a new residence.
While you may feel sorry for your tenants, you must protect yourself legally and financially. You should contact the renter through text or phone to confirm receipt of the notification. You may be able to solve the issue if it is readily fixable. If your renter does not answer within the period specified in the notice, or to your messages or phone calls, you may be forced to file an eviction action in court.
If the renter does not react to the first Eviction Notice, should I serve another?
While you may want to double-check that your initial notice was properly served and had the necessary information, you may begin the eviction procedure after the time period specified in your Eviction Notice expires. If your notice does not comply with the legal requirements, you may need to serve a fresh notice before proceeding with the eviction in court.
Following the expiration of a notice, the next step is normally to file an eviction case in your local court. The tenant will have the right to reply to or contest the eviction when the lawsuit is filed. If the eviction is granted by the court, an order forcing the tenant to depart will be issued. If a renter refuses to obey the court order, the evicted tenant and their belongings may be removed by the local sheriff.
What can I do if a renter ignores an eviction notice?
If a tenant ignores a validly delivered Eviction Notice, the normal next step is to file an eviction lawsuit.
If the tenant does not react to the case, the court may issue a default judgment against the tenant, which means the eviction would be authorized automatically. Also, if it is in your Lease Agreement, the court may compel the renter to pay you back rent as well as your legal expenses and court costs.
The court may issue a judgment for possession or a writ of restitution, depending on your state and local legislation. In both circumstances, this allows the landlord to seek assistance from local authorities in retaking the property.
What should I avoid doing if my renter fails to react to an Eviction Notice?
While it is prudent to take some steps if a tenant fails to reply to an Eviction Notice, there are certain activities you should avoid. To begin, no matter how furious you are, attempting to remove a tenant from your rental property yourself is usually never a wise idea. This is almost usually prohibited.
It is also normally unlawful to disconnect the renter’s utilities, alter the locks, or threaten the tenant in order to persuade them to leave. If you do these things, you may find yourself in serious legal problems.
