One of the best ways to avoid evictions is by thoroughly screening your tenants. By selecting a tenant with a record of paying rent on time and taking care of rental properties, you reduce your risk of having to evict. However, bad things can happen to even the best tenants. If you find that you have to evict a tenant, make sure you follow the court’s instructions carefully. Mistakes can be costly, and can result in a longer process.
Serving an Eviction Notice: Requirements
The most common reason to evict a tenant is for nonpayment of rent. As soon as rent is late, you can serve your tenants a Three Day Notice. This document tells the tenants that they have three days to pay the rent that’s due. If they don’t pay, legal eviction proceedings will begin against the tenant.
Another reason you may need to evict a tenant is for a lease violation. If you discover that your tenant has violated the lease, you must provide a 14 Day Notice to Cure. This notice tells the tenant that the lease will terminate in 30 days unless the tenant cures the lease violation within 14 days.
Eviction Proceedings: Filing in Court
If the tenant does not pay the overdue rent or correct the lease violation within the time period allowed by law, you can file a motion with the district court, asking for a court order for possession of the property. Usually, the filing cost is less than $100. If your rental property is in Missouri, this process is pretty simple, and you can often do this without an attorney. In Kansas, however, there are some complications that make it more difficult, and we recommend you work with an experienced lawyer.
Eviction Process: Court Hearing
The tenant will receive a copy of the paperwork you filed in court, and a hearing date will be set where you and the tenant must appear before the judge. Remember: your tenant can pay in full at any time to stop the eviction proceedings. If the tenant challenges the eviction, the judge will hear their defense. You’ll be able to state your case as well, so be prepared with a copy of the lease, the eviction notice you served, and any financial documents that demonstrate rent has not been paid. The judge will make a final decision, and if it’s in your favor – you’ll regain possession of your property.
Property management companies in Kansas City can help you evict a tenant. If you have any questions about how to protect your investment properties or anything pertaining to KC property management, please don’t hesitate to contact us at Key Partners Property Management.