Evictions are certainly the worst part of being a landlord. There's the emotional toll of kicking somebody out of a place they've called home, but it's the financial consequences that cut the deepest.
You may be forced to hire a landlord attorney, and all the while, the tenant could refuse to pay rent. It's in your best interest that an eviction process takes the shortest time, but that's largely beyond your control. The eviction process in Saratoga Springs follows the relevant laws.
This article provides an overview of the eviction timeline in this city.
Eviction Notice
The first step in the eviction process in Saratoga Springs is to issue a written notice to the tenant. The period of effecting the notice will depend on the reason for the eviction.
For nonpayment of rent, the tenant has 14 days (two weeks) from the date of being served to move out of the property. The end of lease has a 30-day notice and most other rental violations have a 10-day notice.
In some cases, the tenant will vacate the property as per the notice. This is the outcome every landlord hopes for, but it doesn't always happen. Sometimes tenants will stay put, especially if they believe the eviction notice is unfair or wasn't served as required by law.
Court Filing
If a tenant is non-compliant, you might think you have the right to take enforcement measures, such as changing locks on the property. You don't!
Your only option is to sue the tenant in court. After filing the suit, the court will take anywhere from 10 to 17 days to issue and serve a summons to the tenant you want to evict. Once served, the tenant will be required to respond to the court within 10 days.
Court Hearing
If you're preparing for a court hearing, it means your tenant is ready to put up a fight. Although it can also be a delay tactic as the tenant develops a plan to vacate the property, it's essential to ensure you have a landlord attorney at this point.
That being said, the court will schedule a hearing within 10-17 business days after receipt of the tenant's response.
Saratoga Springs tenant laws don't prohibit renters from having an attorney, so if your lawsuit isn't backed with solid evidence, you could lose the case. Such an outcome will only lengthen the eviction process since you'd have to start over again.
If the suit is successful, however, the court will issue a warrant of eviction within 3 business days. The warrant will be served to the tenant thereafter, after which they will have no more than 14 days to vacate the property.
The Timeline for Evictions in Saratoga Springs Varies
Evictions in Saratoga Springs can take as little as two weeks but can also stretch to a year if the tenant proves hardship and files a stay of eviction. Hiring a landlord attorney will make a big difference during the eviction process, but your goal should be to prevent such situations in the first place.
That's where Veno Properties comes in. As a full-service property management service in the Capital Region, we implement other eviction prevention strategies, such as screening tenants.
Talk to us to learn more about our services.
