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When Eviction is The Wrong Call

Stressed Spring Branch Property Manager on the Phone Evictions are an inescapable component of the work of Spring Branch property managers and landlords. Eviction isn’t always the best course of action when you’re dealing with a troublesome renter. Evictions can be expensive and time-consuming for both you and your renter. The majority of the time, neither the landlord nor the tenant gain anything from the eviction procedure. Therefore, it may not always be the best decision to evict a renter. 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 trustworthy tenant. Sometimes dependable renters often suffer financial problems, unemployment, or other issues that make it difficult for them to make rent payments. Without a doubt, their lease is broken when the rent is not paid, and that should be made clear. But it may not be reasonable to evict a tenant for missing a single or numerous 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 to catch 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

There are some circumstances in which eviction can result in more legal issues than it would fix. Avoid these at all costs. Ambiguity in your legal case for eviction is one of these circumstances. If your tenant has reported to you or the local housing authority about the habitability of the residence and you have not made efforts to resolve the issue, your attempt to evict the tenant may be considered retaliatory and dismissed.

Another scenario would be if your eviction could be presumed as discrimination against a tenant who is a member of 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. Your renter may file a lawsuit against you if your eviction is perceived as discriminatory.

Last but not least, use caution while trying to evict someone for non-payment of rent or when taking partial rent payments. If you agree to any rent from the tenant, you risk losing your legal right to evict them and will be putting yourself in an extremely difficult spot. 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. 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

Aside from the associated legal costs, the eviction procedure is costly. 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.

Consider the possibility of simply paying your renter to leave rather than going through the costly and time-consuming eviction process. This kind of “cash for keys” arrangement can make it possible for a renter who is having financial difficulties to move out amicably or might persuade a stubborn renter to leave as soon as possible. Even a lump sum cash payout of several hundred dollars is much less than the cost of evicting the renter, which may seem strange to offer to someone who owes you money.

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. But that can be difficult, especially if you have other things to do. At Real Property Management Affiliates, we meticulously evaluate all rental applicants to get only the best potential tenants for your property. Our Spring Branch 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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