Can a Property Management Company Evict a Tenant?

Whether or not a property management company or property manager can evict a tenant depends on the specific responsibilities and authority the property owner has delegated to the property manager. 

Here at Palmetto State Properties, we can take over the process of evictions for our landlords, so you can rest assured it will be completed in a legal, amicable way. In fact, some owners may outsource nearly every aspect of property management, preferring to operate in a hands-off or absentee landlord capacity. Other owners may prefer to retain certain responsibilities and delegate others. For example, one owner may be perfectly comfortable delegating routine tasks such as collecting rents, screening applicants, taking care of maintenance, and so on but will retain the authority to make all decisions about raising rents or evicting tenants. 

You can see our property owner services here for some more ideas. 

The extent of the authority given to a property management company by a property owner is spelled out in detail in the property management agreement between the two parties. 

Searching for an experienced partner to manage your rental property? Palmetto State Properties is known for their ability to manage, market and maintain rental properties in the greater Charleston, SC area. Contact us today. 

The Property Management Agreement

A property management agreement is the legally binding contract between property owner and property manager, whether the property manager is an individual or a company. It lays out the parameters of the relationship, detailing all of the management tasks and responsibilities being delegated to the property manager. 

If those responsibilities include initiating and executing tenant evictions, the property manager is acting on behalf of the owner and has full authority to do what the property owner would otherwise do–with regard to tenant evictions. That includes everything from determining whether an eviction is called for, preparing and delivering the appropriate tenant notices, appearing in court as necessary, and so on. 

Even when property owners do not delegate the authority to evict tenants, they often rely on their property manager to advise and assist them at various eviction stages. In fact, once a property owner has made the decision to evict a tenant, the property manager may be tasked with carrying out some or all of the steps involved in the process. 

Consequently, when hiring a property manager and negotiating the terms of the property management agreement, it’s important for owners to ascertain the extent of the property manager’s knowledge of the laws governing evictions. This is a subject property owners should discuss in detail with prospective property managers to establish their knowledge level before making hiring or delegation decisions. Additionally, owners need to read a potential property management agreement very carefully before signing it to make sure that it accurately captures their wishes regarding the limits of the property manager’s authority over tenant evictions.

Overview of the Eviction Process in South Carolina

Before delegating evictions to a property manager, make sure they have a good grasp of the legalities involved. Key requirements under South Carolina law are summarized below.

Legal Cause for Tenant Eviction

There must be a valid legal reason for initiating the eviction of a tenant. Most often, this is nonpayment of rent, violation of the terms of the lease agreement, or illegal activity in the rental unit. Reasons such as these allow the owner or property manager to initiate the eviction process as a termination with cause.

Without legal cause, a renter’s tenancy cannot be terminated until the end of the lease or rental period. There are certain steps that must be taken to evict a tenant who does not move out voluntarily when the decision has been made not to renew a fixed-term lease or continue to allow a month-to-month tenant to remain in the unit.

Notification Requirements

The notices required for evictions with cause differ depending on the specific cause:

• 5-Day Notice to Pay Rent—A tenant who has not paid rent within five days of the due date must be given a notice to pay the past-due rent within the next five days or the lease or rental agreement will be terminated and an eviction lawsuit will be filed with the court. No 5-day notice is required if the lease or rental agreement contains the following text: “If you do not pay your rent on time, this is your notice. If you do not pay your rent within five days of the due date, the landlord can start to have you evicted. You will get no other notice as long as you live in this rental unit.”

 

• 14-Day Notice to Cure—An eviction on the basis of a violation of the lease or rental agreement (such as causing damage to the property or disturbing neighboring tenants) requires the tenant to be given a 14-day notice to cure. This gives the tenant 14 days to fix the violation, or the tenancy will be terminated, and an eviction lawsuit will be filed.

 

• Unconditional Quit Notice—This is the required notice when the reason for eviction is illegal activity on the rented premises. Once this notification has been made, an eviction lawsuit can start immediately.

What Happens Next

Once an eviction lawsuit has been filed, the tenant can present a defense in court, so it’s important to have documented evidence of the legal cause for eviction, such as photographs, copies of all notices to the tenant, complaints from neighboring tenants, etc. Once the court makes a decision, the eviction process is carried out by law enforcement personnel.

Final Thoughts on Can a Property Management Company Evict a Tenant?

No landlord or property manager wants the hassle of evicting a tenant. It is not something to be undertaken lightly because it deprives the tenant of a place to live. But when it becomes necessary, owners who delegate that responsibility to a property manager must have confidence that the situation will be handled properly which is why working with a reputable company, such as Palmetto State Properties, is so important. 

Get in touch today to find out how we can help.