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When Eviction is The Wrong Call

Stressed Hampton Property Manager on the Phone For Hampton property managers and landowners, evictions are an unpreventable part of doing business. Eviction isn’t always the best option when you have to deal with a troublesome rental. Both you and your tenant may have to spend time and money on the eviction process. The eviction process typically serves neither the landlord nor the tenant’s interests. Because of that, evicting a renter is not always the best option. You and your tenant would probably benefit more if you find better solutions than eviction in these circumstances.

Your Otherwise Good Renter Falls Behind on Rent

A successful rental property owner knows the value of a good tenant. Sometimes dependable renters often suffer financial problems, unemployment, or other issues that make it difficult for them to make 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 usually the case if the tenant has a history of prompt payments, good housekeeping, and property maintenance.

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 can be an effective plan for avoiding the cost of evicting and replacing your renter while also gaining your renter’s deepest gratitude, granting that the renter’s financial issues are temporary. By being willing to absorb a small financial loss in the short term, this solution is more likely to help you recoup all of the missed rent payments and retain a good tenant.

You Don’t Have Clear Legal Grounds

In some cases, eviction can lead in more legal matters than it might solve. Avoid these no matter what. Confusion surrounding your legal grounds for eviction is one of these scenarios. 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 situation would be if your eviction could be interpreted as a form of discrimination against a tenant who belongs to a protected class. According to the federal Fair Housing Act, it is prohibited to evict a tenant on the grounds of skin color, age, marital status, religion or sexual habits, among other factors. The renter may bring legal action against you if the eviction is presumed as discriminatory.

And finally, before or after attempting to evict for non-payment of rent, be cautious about taking partial rent payments. Receiving any amount of rent from the renter may result in you losing your legal grounds for eviction and finding yourself in a tough position. This is based on the fact that taking partial payments creates an implicit agreement between you and your tenant that a judge will likely interpret as a continuance of your lease arrangement, even if it is not in writing. Waiting till the situation is clearer is preferable if you don’t have definite legal justifications for an eviction.

You’d Rather Keep Your Money

The eviction procedure is costly, and it’s not merely because of the associated legal expenditures. Chances are, once your tenant learns that you intend to evict them, they will stop paying rent and, in many cases, refrain from cleaning or maintaining the rented property. Oftentimes this results in lost revenue and increased cleaning and repair expenses.

Given the expenses and aggravation of the eviction procedure, you should consider paying your tenant to vacate the premises. 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. 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

Finding a decent tenant with a track record of timely rent payments is one of the easiest methods to fully avoid evictions. Although, it may be challenging to achieve that, especially if you have other things to do. In order to discover the most qualified applicants for your rental property, Real Property Management Dominion thoroughly screens each rental application. Our Hampton property management specialists can then assist in advising you on the best course of action to take if any issues do develop in the future. 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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