Evictions are one of the most sensitive and high-risk aspects of property management. Whether you’re a property manager, a property owner, or even a tenant trying to understand your rights, knowing who has the legal authority to evict—and how the eviction process works—is critical.
This article is worth reading because it clearly explains when and how a property manager can evict a tenant, what the law actually allows, and the steps that must be followed to avoid costly mistakes or wrongful eviction claims. If you manage rental properties or work with property management companies, this guide covers exactly what property managers need to know before moving forward with tenant evictions.
What Is an Eviction and Why Does It Matter in Property Management?
An eviction is the legal process used to remove a tenant from a rental unit. It’s not simply asking someone to leave; it involves formal steps, written notice, and often court involvement. In property management, eviction is sometimes unavoidable, but it must always be handled correctly.
A property manager is often the first point of contact when rent issues, lease violations, or disputes arise. Because eviction can affect the rights of both the landlord and the tenant, it’s considered a high-risk aspect of property management. One misstep—such as serving an invalid notice—can delay the eviction process or lead to legal penalties.
Understanding eviction protects the property owner, preserves the integrity of the lease, and ensures tenants are treated lawfully. That’s why eviction is not just a procedural task—it’s a legal responsibility.
Can a Property Manager Evict a Tenant?
Yes, a property manager can evict a tenant—but only under specific conditions. A property manager evicting a tenant scenario is legal when the authority is clearly granted by the property owner through a property management agreement.
The key factor is authorization. A property manager does not automatically have the right to evict tenants simply because they manage the property. The property manager’s authority must be spelled out in writing, typically allowing them to initiate the eviction process on behalf of property owners.
If the agreement allows it, a property manager may issue an eviction notice, file paperwork, and represent the owner through much of the eviction process. However, the manager is still bound by local laws, eviction statutes, and court procedures.
What Legal Authority Allows a Property Manager to Evict?
The authority to evict tenants comes directly from the property owner. Without written permission, a property manager cannot lawfully evict a tenant. This authority is typically outlined in the property management agreement signed before management services begin.
That agreement defines responsibilities and authority, including whether the manager can serve an eviction notice, file an eviction, or attend an eviction hearing. If the lease says eviction actions must be taken by the landlord, the manager must defer.
Courts often scrutinize whether the property manager and property owner relationship includes eviction authority. If not, eviction proceedings may be dismissed, even if the tenant is clearly violating the lease.
Common Grounds for Eviction a Property Manager Can Enforce
A property manager can only evict a tenant for a legal reason. The most common grounds for eviction include non-payment of rent, serious lease violations, or the end of the lease term.
Other valid reasons include repeated late rent, unauthorized occupants, or damage to the property. The reason for eviction must be clearly documented and supported by the lease agreement. Vague or retaliatory reasons can lead to wrongful eviction claims.
The eviction must be a valid legal eviction under eviction laws, not based on discrimination or protected characteristics. This protects both landlords and tenants from abuse.
How the Eviction Process Works When a Property Manager Is Involved
The eviction process follows strict steps. The first step in the eviction is serving a formal notice of eviction that complies with local law. This notice should clearly state the reason for the eviction, how much rent is owed (if applicable), and the amount of time to remedy the situation.
If the tenant does not remedy the issue—such as paying overdue rent or fixing the violation—the next step is to file an eviction with the court. The case is filed with the court, leading to an eviction hearing.
If the judge rules in favor of the property, a judgment for possession is issued. Only then can law enforcement enforce the eviction order, requiring the tenant to vacate the property.
What Role Does the Lease Play in Tenant Evictions?
The lease is the foundation of every eviction. A lease agreement outlines tenant obligations, rent due dates, and behaviors that qualify as violations of the lease. If the lease says a tenant must pay rent on time and they fall behind on rent, eviction may be justified.
A property manager must rely on the terms of the lease agreement to support eviction. If the lease says the tenant gets ten days to fix the violation, that time must be honored. Ignoring lease terms can invalidate eviction proceedings.
When a lease says eviction actions must be taken by the landlord, the manager must coordinate with the owner rather than acting independently.
Can Property Management Companies Handle Evictions Entirely?
Many property management companies offer eviction handling as part of their property management services. In these cases, managers handle notices, court filings, and coordination with attorneys while acting on behalf of property owners.
However, some states require eviction lawsuits to be filed by the landlord or an attorney. Even when a property manager can evict, they may need legal counsel to complete the eviction lawsuit properly.
That’s why experienced companies emphasize compliance and documentation when handling tenant evictions.
What Property Managers Must Avoid During Evictions
A property manager must avoid self-help evictions. Lockouts, shutting off utilities, or forcing a tenant to leave without a court order are illegal and considered wrongful eviction.
Evictions based on retaliation, discrimination, or protected characteristics are also illegal. A property manager’s eviction action must always be grounded in a legitimate lease or legal violation.
Following the law protects the integrity of the property management operation and reduces legal exposure.
What Happens After an Eviction Is Filed?
Once the eviction becomes a court matter, the eviction proceedings take over. The tenant may contest the case, argue improper notice, or claim the eviction is invalid. Proper documentation is crucial.
If the tenant loses, the court issues an eviction order. Only law enforcement—not the property manager or landlord—can remove the tenant. This ensures the eviction is legal.
After eviction, managers often inspect the property, assess damages, and prepare it for the next tenant.
How Property Managers Decide Whether to Evict
The decision to decide to evict is not taken lightly. Evictions cost time, money, and goodwill. A property manager must weigh the need for eviction against alternatives like payment plans or mediation.
However, when a tenant refuses to comply and the lease is violated, eviction protects the property owner and other tenants. Handling evictions properly is an important aspect of property management.
Read Our Other Blog!
Even when an eviction is handled correctly, the process doesn’t always end with a court ruling. Tenants may have the legal right to appeal an eviction, which can delay enforcement and introduce additional legal steps for property managers and owners. To fully understand what comes next, we recommend reading our guide “What Happens When a Tenant Appeals an Eviction.” This article explains how eviction appeals work, what timelines to expect, how an appeal can affect possession of the property, and what property managers should prepare for if a tenant challenges the court’s decision.
Other Frequently Asked Questions
1. Can a property manager evict a tenant without the landlord’s approval?
No. A property manager needs written authorization from the property owner. Without it, they are not allowed to evict.
2. What is the first step in the eviction process?
The first step in the eviction is serving a legally compliant eviction notice that explains the violation and time to remedy it.
3. Can a property manager represent the owner in court?
Sometimes. In many areas, eviction cases must be handled by the landlord or an attorney, even if the manager initiates the process.
4. What happens if a tenant fixes the violation?
If the tenant remedies the issue within the allowed time, the eviction must stop.
5. Is eviction always about non-payment of rent?
No. Evictions include lease violations, property damage, or illegal activity—not just unpaid rent.
Key Takeaways
- A property manager can evict a tenant only with proper authorization
- The property management agreement defines eviction authority
- Evictions must follow strict local laws and lease terms
- Self-help evictions are illegal and risky
- Proper documentation protects both property managers and owners
- Eviction is a legal process, not a shortcut
- Handling evictions correctly preserves long-term rental success
