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When Eviction is The Wrong Call

Stressed McKinney Property Manager on the Phone Evictions are an essential element of the job for rental owners and McKinney property managers. Eviction isn’t always the most appropriate option when you have a tough renter to deal with. Eviction proceedings can get pricy and be time-consuming for both you and your tenant. Usually neither the landlord nor the tenant profits from the eviction proceedings. Hence, it might not be a good idea 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

Profitable ownership of a rental property requires a tenant of high caliber. Even good renters occasionally have financial setbacks, job losses, or other circumstances that make it impossible for them to make ends meet. It is evident that failure to pay rent in a timely manner constitutes a breach of their lease. Yet, perhaps it isn’t the best course of action to evict a tenant for neglecting to pay one or even multiple monthly installments. This is particularly true if the tenant has a background of on-time payments and a strong commitment to managing the property’s cleanliness and maintenance.

In these circumstances, working with your renter to find a solution to assist them in catching up on late rent payments might be a better option than eviction. This might be a terrific strategy to avoid the price of evicting and replacing your renter while also winning your renter’s sincere gratitude, provided that the renter’s financial issues are momentary. This option is more likely to help you recover all of the unpaid rent payments and keep a good renter over the long run if you’re willing to endure a small financial cost in the short term.

You Don’t Have Clear Legal Grounds

There are some instances where an eviction can result in more legal issues than it would resolve. These should be avoided under all circumstances. Uncertainty over the legal basis for your eviction is one example of these situations. If your tenant has voiced concerns about the habitability of the estate, either personally to you or to the local housing authority, and you have not taken the initiative to resolve the issue, your attempt to evict the tenant may be regarded retaliatory and be dismissed.

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

Finally, use caution when accepting partial rent payments both before and after attempting to remove a tenant for failure to pay rent. 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 due to the fact that obtaining partial payments results in an implied agreement between you and your renter that, even if it isn’t in written, a judge will probably consider to be a continuation of your lease agreement. 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. 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. Both lost wages and increased cleaning and repair costs are often the results of this.

Try paying your renter to leave instead of going through the price and trouble of eviction. This form of “cash for keys” arrangement could allow a renter with financial difficulties to leave on fair terms or motivate an uncooperative tenant to vacate as quickly as possible. You may think it’s pretty weird to offer money to someone who owes you money, but a lump sum cash payment of several hundred dollars is considerably less than the cost of evicting the tenant.

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 Legend, we sift through all rental applicants to discover just the most qualified individuals for your rental property. In the event that issues do occur later, our McKinney property management experts can assist in advising you on the best course of action to take. 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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