How To Evict A Tenant
No one likes evictions.
But what else can a property owner do when a tenant fails to pay the rent, damages the property or otherwise violates the terms of the rental agreement?
Experienced landlords suggest one option: Try to negotiate the tenant out of the property without the hassle or expense of a formal eviction.
To negotiate successfully, stay calm and take an unemotional, business-like approach. Don't turn the problem into a grudge match. A compromise can be a much better outcome than an adversarial situation.
If the tenant sincerely wants to pay the rent but has financial problems, offer a compromise such as the right to break the lease and move out of the house in exchange for payment of whatever rent is due. Tenants who feel trapped and hopeless might not care about the damage an eviction would do to their credit while tenants who are offered a reasonable way out of the situation and do care about the state of their credit may be motivated to take action.
If the tenant refuses to vacate the house, set up a payment schedule for rent that's owed and perhaps offer to pay for a truck rental so he or she can move out. If the tenant accepts, the truck rental probably will be a lot cheaper than an eviction and once the tenant is gone, the owner at least has regained control of the property and can re-rent it to a more desirable tenant.
Negotiation shouldn't be open-ended. If the tenant won't cooperate, go ahead and start the eviction process. And once an eviction notice has been obtained, negotiation probably shouldn't be an option even if the tenant suddenly decides to pay the rent. By this time, the tenant needs to go ahead and move out.
Non-payment of rent is an obvious cause for an eviction, but don't ignore violations of the rental agreement. Rental terms are agreed upon to protect the owner's interests and the property, and tenants who choose to ignore those terms should be candidates for eviction just as surely as those who don't pay the rent.
Tenants can be evicted without the aid of an attorney in some states, though an attorney's assistance might be helpful all the same since most states have specific rules that govern evictions and protect the tenant's rights. An attorney can make the eviction process more efficient and help the owner cope with tenants who may be well-versed in the intricacies of landlord-tenant law. Hire an attorney who represents property owners to do the legal work.
Keep written records of late rent payments, rules violations and other interactions with tenants because these records will be needed in court. Always note the date and time of each conversation and what was discussed with the tenant.
If unpaid rent is owed after the eviction, turn over the information to a collections agency. Sometimes troublesome tenants reappear years later and want to pay their rent because their financial situation has improved, they want to obtain a mortgage or other loan, and they need to clean up their credit. Rent received late is indeed better than rent never received at all.
Copyright 2006. Marcie Geffner. All rights reserved. No part of this article may be used or reproduced in any manner whatsoever without written permission of the author.
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