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When Eviction is The Wrong Call

Stressed Taunton Property Manager on the Phone For Taunton property managers and landlords, evictions are usually an inevitable part of their business. Eviction isn’t always the most appropriate option when you have a tough renter to deal with. For both you and your renter, evictions can be lengthy and expensive. The eviction procedure is typically not advantageous to either the landlord or the tenant. Therefore, it may not always be the best decision to evict a renter. You and your tenant will likely be better off if you can find alternatives to eviction in these scenarios.

Your Otherwise Good Renter Falls Behind on Rent

A successful rental property owner knows the value of a good tenant. Oftentimes, even responsible renters may have financial troubles, lose their jobs, or otherwise be unable to pay their rent. It should be clear that non-payment of rent is a violation of their agreement. But it may not be smart to evict a tenant for failing to pay one or more rent installments. 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.

Working with your renter to find a solution to assist them in making up any unpaid rent may be the best option in such cases. It’s certainly better than eviction. 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. 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

Under certain matters, eviction may cause more legal concerns than it solves. 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 case would be if a renter who belongs to a protected class may claim that your eviction was prejudiced against them. The federal Fair Housing Act prohibits discrimination in housing decisions, including evictions, based on a renter’s religion, age, race, marital status, sexual preferences, and more. Your renter may file a lawsuit against you if your eviction is perceived as discriminatory.

Finally, exercise caution when receiving partial rent payments before or after attempting to evict a tenant for nonpayment of rent. 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. 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

The eviction procedure is costly, and it’s not merely because of the associated legal expenditures. Rent payments and frequently any cleaning or maintenance of the property will stop once your tenant learns you’ll be trying to evict them from the rental property. In most cases, this results in both lost income and increased cleaning and repair costs.

Try paying your renter to leave instead of going through the price 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. Even a lump sum cash payout of several hundred dollars is much less than the cost of evicting the renter, which may seem counter-intuitive if you’re trying to get them to give you back money they owe you.

Avoid Eviction with Quality Property Management

Finding a reputable tenant with a past record of timely rent payments is one of the best methods to avoid evictions completely. 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 Success thoroughly screens each rental application. Then, if any complications should appear in the future, our Taunton 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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