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The Three Ways a Residential Landlord May Recover a Rental Property.

Reblogger Wallace S. Gibson, CPM
Property Manager with Gibson Management Group, Ltd.

 

If landlords do NOT know how to do an eviction, they need an attorney who will do it and the landlord needs to follow the steps and shadow the attorney through the various court appearances to learn the process.

Once a landlord knows the process, it will save them money when they start the process EARLIER because it is not so scary!

 

Original content by Mark Tucker

 

A residential landlord can recover a rental property from a tenant in one of three ways.

1. Surrender. The tenant vacates voluntarily and returns possession of the keys.

2. Abandonment. A residential rental property shall be determined to be "abandoned" if a tenant fails to respond after five days from the time the landlord shall post a notice of abandonment on the door to the rental property or any other conspicuous place on the property and send the tenant a copy of the abandonment by certified mail, return receipt requested, addressed to the tenant's last known address and to any of the tenant's alternate addresses known to the landlord. 

3. Eviction.  A landlord files an eviction action, obtains a judgment and then obtains a written order served by the constable directing the tenant to vacate the property.

Even if a tenant has failed to pay rent, or has with recalcitrant impunity breached the lease by bringing in unauthorized pets, roommates, or even trashing the property, a landlord may not recover or take possession of the dwelling unit by action or otherwise, including forcible removal of the tenant or his possessions, willful diminution of services to the tenant by interrupting or causing the interruption of electric, gas, water or other essential service to the tenant, except in case of abandonment, surrender or as permitted in this chapter.

If the landlord unlawfully removes or excludes the tenant from the premises or wilfully diminishes services to the tenant by interrupting or causing the interruption of electric, gas, water or other essential service to the tenant, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not more than two months' rent or twice the actual damages sustained by him, whichever is greater, and the landlord must return all security deposits

 

If a tenant will not surrender a rental property, the best practice and the safest way to avoid liability is to bring an eviction action and obtain a judgment of possession followed by a court order restoring the property back to the landlord. Having the judgment for possession and the order restoring the property creates a powerful legal presumption that a landlord had the right to retake possession of the property. 

 

 

Posted by

Wallace S. Gibson is a Certified Property Manager with over 50 years of property management experience and expertise.  She maintains a specialized property management business in Central Virginia serving Albemarle, Greene, Fluvanna and Louisa counties  

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Comments(3)

Kimberly A Norgard
Devlin McNiff Halstead Real Estate - East Hampton, NY

I've heard horror stories about evictions.  Getting a court order may be the only answer in some cases.  

Jan 16, 2011 10:14 PM
Roger D. Mucci
Shaken...with a Twist 216.633.2092 - Euclid, OH
Lets shake things up at your home today!

Ah..........the wonderful world of evictions and the process.  I may just have to file an eviction on a resident at one of the smaller properties I manage.  First time for me in this community.

Jan 16, 2011 10:25 PM
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Good advice. It is not easy to evict tenants.You need to know the laws.

Jan 16, 2011 10:30 PM