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When Eviction is The Wrong Call

Stressed Sherwood Property Manager on the Phone Evictions are an inescapable component of the work of Sherwood property managers and landlords. When dealing with frustrating renters, evicting them won’t always be the best option. For both you and your renter, evictions can be lengthy and expensive. Rarely does the eviction process benefit either the property owner or the tenant. As a result, evicting a renter might not always be the best course of action. Finding better solutions than eviction in these cases will greatly benefit both you and your tenant.

Your Otherwise Good Renter Falls Behind on Rent

Possessing a great rental property requires a tenant that is trustworthy. Even decent renters can occasionally experience financial setbacks, lose their jobs, or otherwise find themselves unable to make their rent payments. It should be clear that non-payment of rent is a violation of their agreement. But it may not be reasonable to evict a tenant for missing a single or numerous rent payments. This is true especially if the tenant has a record of on-time payments and does an excellent job of maintaining cleanliness and property upkeep.

In such occurrences, a preferable alternative to eviction may be to work with your renter to develop a solution to help them catch up on their missed rent payments. This could be a brilliant way to avoid the cost of evicting and replacing your renter while also winning your renter’s heartfelt thanks, given that the renter’s financial issues are momentary. This method is more likely to help you collect all of the missed rent payments and retain a good tenant in the long run if you are prepared to bear a small financial loss in the short term.

You Don’t Have Clear Legal Grounds

Under certain matters, eviction may cause more legal concerns than it solves. Stay away from these at all costs. Not having clear legal grounds for eviction would be an example of such an instance. If your tenant has complained about the habitability of the property, either to you or to the neighborhood housing authority, and you haven’t taken action to resolve the complaint, your attempt to evict the tenant may be seen as retaliatory and could be rejected.

Another instance would be if a renter who belongs to a protected class may argue that your eviction was discriminatory. The federal Fair Housing Act makes it illegal to evict a renter because of their age, faith, skin color, family situation, sexual preferences, or factors of the like. Your tenant may sue you if your eviction is found to be discriminatory.

Finally, exercise caution when receiving partial rent payments before or after attempting to evict a tenant for nonpayment of rent. If you take any rent from the tenant, you may lose your legal grounds for eviction and find yourself in a precarious position. This is because taking partial payments results in an implied contract between you and your tenant, even if it isn’t documented in writing, and a judge is likely to view it as continuing your lease. If you do not have legally specified grounds for eviction, it is advisable to wait until the issue becomes clearer.

You’d Rather Keep Your Money

Not only are legal fees involved, but the entire eviction procedure is costly. If your tenant knows you’ll be attempting to evict them from the rental property, there’s a good chance they’ll stop paying rent, and most likely, they’ll stop paying for maintenance or cleaning of the property as well. Typically, this results in both missed income and increased cleaning and repair bills.

Given the cost and inconvenience of the eviction procedure, you could consider paying your tenant to vacate. With the use of a “cash for keys” arrangement, a tenant who is having money issues may be able to leave the rental property peacefully, or a stubborn renter may be persuaded to leave the property sooner rather than later. It may seem peculiar to give cash to someone who owes you money, but even a lump sum cash payment of several hundred dollars is significantly less than the cost of evicting the renter.

Avoid Eviction with Quality Property Management

Selecting a reliable renter with a record of on-time rent payments is one of the best methods to totally avoid evictions. Though, this might be difficult, particularly if you have other responsibilities to complete. At Real Property Management Hometown, we meticulously evaluate all rental applicants to get only the best potential tenants for your property. Then, if problems should emerge in the future, our Sherwood property management specialists can assist you in identifying the best way to proceed. Contact us online today to learn more!

We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. See Equal Housing Opportunity Statement for more information.

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