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When Eviction is The Wrong Call

Stressed Idaho Falls Property Manager on the Phone Evictions are an inescapable component of the work of Smithfield property managers and landlords. When dealing with a problematic tenant, eviction is not always the wisest course of action. For both you and your renter, evictions can be lengthy and expensive. The eviction process typically serves neither the landlord nor the tenant’s interests. As a result, evicting a renter might not always be the best course of action. 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

Profitable ownership of a rental property requires a tenant of high caliber. Oftentimes, even responsible renters may have financial troubles, lose their jobs, or otherwise be unable to pay their rent. Non-payment of rent is without question a violation of their lease. However, it might not be wise to evict a tenant for failing to pay one or more rent payments. This is especially true if the tenant has a habit of timely payments and is diligent about keeping the property clean and in good repair.

In such conditions, finding a way to work with your renter in catching up on late rent payments may be a better option than eviction. As long as the renter’s financial problems are temporary, this could be a good way to prevent the price of trying to evict and replace the tenant, together while winning the renter’s thankfulness. In the long haul, this plan is more likely to assist you in recovering all of the unpaid rent and keep a trustworthy renter, that is, if you’re prepared to face 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. Stay away from these at all costs. Uncertainty over the legal basis for your eviction is one example of these situations. If your renter has made complaints about the habitability of the rental property, perhaps to you or to the local housing authority, and you have not taken measures to solve the complaint, your attempt to remove the tenant could be seen as vindictive and be dismissed.

Another instance would be if a renter who belongs to a protected class may argue that your eviction was discriminatory. 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. If your eviction is judged discriminatory, your tenant may file a lawsuit against you.

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 forms an underlying agreement between you and your tenant that a judge will likely interpret as a prolongation of your lease, even if it is not in writing. 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

Aside from the associated legal costs, the eviction procedure is costly. Once your tenant learns that you will be attempting to evict them, it is likely that they will stop paying rent and often cease cleaning or maintaining the property. 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. 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. Offering money to someone who owes you money may seem strange, but even a lump sum payment of several hundred dollars is much less expensive than having to evict the renter.

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. Sometimes, this can be tricky, especially if you have other obligations. At Real Property Management Cache Valley, we sift through all rental applicants to discover just the most qualified individuals for your rental property. Then, if any complications should appear in the future, our Smithfield property management consultants can aid in advising you on 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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