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When Eviction is The Wrong Call

Stressed South End Property Manager on the Phone Evictions are an inescapable component of the work of South End property managers and landlords. When dealing with a problematic tenant, eviction is not always the wisest course of action. Both you and your tenant may have to spend time and money on the eviction process. Usually neither the landlord nor the tenant profits from the eviction proceedings. Because of that, evicting a renter is not always the best option. Discovering more beneficial alternatives to eviction in these situations will definitely 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’s undeniable that not paying the rent violates their lease, and that should be understood by all the parties involved. However, it might not be appropriate to evict a tenant who has missed one or more rent payments. This is certainly true if the tenant has a reputation for paying on time and keeping up with the cleaning and repair of the property.

In such situations, it may be preferable to work with your renter to find a means to assist them in catching up on missed rent payments as an alternative to eviction. This might be a terrific strategy to avoid the price of evicting and replacing your renter while also winning your renter’s sincere gratitude, provided that the renter’s financial issues are momentary. In the long run, this strategy is more likely to help you recover all of the unpaid rent and keep a good renter if you’re ready to suffer a small financial cost in the short term.

You Don’t Have Clear Legal Grounds

In certain occasions, eviction could generate more legal issues than it would solve. You should stay away from them at all costs. The vagueness of your legal grounds for eviction is an example of these problems. 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 scenario would be if your eviction could be presumed as discrimination against a tenant who is a member of a protected class. Under the federal Fair Housing Act, it is prohibited to evict a tenant on the premise of their age, religious practice, family status, color of skin, or sexual preferences. Your tenant may sue you if your eviction is found to be discriminatory.

Finally, use caution when accepting partial rent payments both before and after attempting to remove a tenant for failure to pay rent. Accepting any rent from the tenant could result in you losing your ability to evict them legally and putting yourself in an extremely challenging position. This is because receiving partial payments creates an unspoken agreement between you and your tenant that a judge will likely consider a continuance of your lease arrangement, even if it is not in writing. It is advisable to wait till the issue is clearer if you don’t have definite legal justifications for eviction.

You’d Rather Keep Your Money

The cost of the eviction procedure goes beyond merely the associated legal expenditures. 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.

Think about the possibility of paying your renter to leave rather than going through the expense and trouble of eviction. This sort of “cash for keys” arrangement can help a renter who is struggling financially to leave on good terms or persuade a stubborn renter to leave sooner rather than later. You may think it’s pretty weird to offer money to someone who owes you money, but a lump sum cash payment of several hundred dollars is considerably less than the cost of evicting the tenant.

Avoid Eviction with Quality Property Management

Seeking a respectable tenant with a strong track record of on-time rent payments is one of the best techniques for avoiding evictions entirely. Though, this might be difficult, particularly if you have other responsibilities to complete. At Real Property Management Commonwealth, 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 South End 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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