Although evicting your tenant might seem like the simplest and quickest course of action, nobody likes to be that landlord, let's face it! Furthermore, it might be very expensive to deliver a "cure or quit" notice. There is also no assurance that you will fill the position quickly.
It's wise to think about the costs involved before choosing the eviction route. Often, court fees are the least of your concerns. You still have a mortgage to cover, unpaid rent, costs associated with selling your house, and possible damages. The cost of the locksmith alone might be $150. You may spend about $3,500 to finish an eviction in 3-4 weeks.
How much time does an eviction typically take? If there are no delays, the eviction procedure can take five weeks to three months. Any procedural failures could cause the eviction to be delayed for up to 12 months. The difficulties don't end there. The law generally gives the tenant one to four weeks to leave after receiving the notice to quit. Even then, you might need to pay a sheriff to forcibly remove them.
Let's take a closer look at evicting a tenant to understand why it's not always the smartest and most cost-effective alternative.
A Summary of the Process's Phases (Eviction)
The legal system differs from one state to the next. However, the standard procedure is mailing a "pay or quit" notice or a notice to vacate, followed by applying for eviction. The eviction takes place once the judge makes a ruling.
The first round of eviction proceedings is generally initiated when a tenant fails to pay the monthly rent or you have evidence of a lease breach. You issue a notice to pay past-due rent or vacate the rented property. This serves as a constant reminder of the unpaid debt or lease breach. You are required by law to give the renters time to address or cure the problem.
If the problem is not resolved, you can initiate a legal eviction case in your local court. But keep in mind that without a legal eviction notice from a court, a self-help eviction is unlawful.
After filing the proper eviction paperwork, you and the renter will have to go before a court and plead your case. If the judge decides in your favor, you will be able to take legal action to evict the renter from your rental apartment.
Remember that during the COVID-19 epidemic, the eviction moratorium prohibited landlords from evicting renters for nonpayment of rent. The moratorium on evictions, however, did not absolve renters of their need to pay rent. They are still bound to pay their past-due rent.
Nonetheless, given the costs and mental hardship of evicting a tenant, a fair, if not a good, the landlord will do all in their ability to help address the issue outside of the courts.
6 Landlord Tips that can help Tenants Prevent Eviction
Below are the Strategies you can use to avoid eviction
1. Include specific rules in the lease.
The most common basis for delivering an eviction notice is past due rent, but it is not the only one. Some of the most common issues landlords face with tenants include property damage, bothersome or even deadly pets, and noise concerns.
Always be open and honest about the main principles of leasing your home. Include these regulations in the rental agreement and go through them with renters before signing it. Also, be precise about what qualifies as property damage and if they are liable for repairs or repair expenses.
2. Promote open discussion regarding financial issues.
When a renter is honest about their financial issues, landlords are more ready to engage with them to solve their problems. While this is the duty of the tenant, you should encourage open and transparent communication so that the renter feels comfortable approaching you.
Of course, you don't want to be perceived as a squeamish landlord who allows late payments. You must also treat all renters consistently. You may, however, urge renters to notify you as soon as they begin to have financial difficulties.
Encourage them, for example, to notify you if their job position changes. This should make them feel more at ease talking to you about a potentially embarrassing topic.
3. Negotiate before receiving a past-due rent notice.
There are several approaches to negotiating, depending on what your intended conclusion is. Some tenants experience temporary financial difficulties. As a result, there may be alternatives to eviction. If the renter has an established history, it may be worthwhile foregoing some money to maintain a good tenant.
You're probably making the mental math of the summary procedure while wondering "how long does an eviction take?" If the risk is in the thousands, wouldn't it be wiser to work out a repayment plan, especially if the renter has had a difficult time and is now going back on their feet? Consider how this would help your reputation as a great landlord. Other alternatives include canceling a portion or all of the debt if the renter agrees to leave immediately.
4. Provide incentives prior to a notice to resign.
"Cash for keys" is a popular alternative to eviction. Yes, paying a non-paying delinquent renter to get your keys back is ironic. Nevertheless, getting them out quickly may be less expensive and faster than an expensive eviction lawsuit.
In most cases, you pay half or a whole month's rent plus the security deposit for your keys (and a quick escape). This is frequently less than the eviction procedure. Another easy approach is to give them moving assistance. Moving charges can sometimes exceed hundreds of dollars. You still have to pay for your time, but it is typically less uncomfortable than paying cash.
5. Link renters to social support services.
Government entities may be difficult to navigate. Despite the fact that assistance is available, tenants may be unaware of how to obtain financial assistance. Making these links for tenants is the ultimate landlord kindness.
The majority of states offer a variety of programs to support or help tenants. Connecting eligible renters to services such as the Consumer Financial Protection Bureau enables tenants to discover if they qualify for such assistance and local organizations that provide assistance.
6. Let tenants know that you will file a credit report on them.
When all other alternatives have been explored, there is just one choice left: report the renter to credit bureaus. You must usually wait 30 days following a late payment. However, the notion of their credit score suffering might help them obtain the rent money faster.
The screening procedure includes checking a potential tenant's rental history and credit score. As a result, a renter understands that a poor credit score may affect future prospects of renting a house, applying for credit, or receiving a mortgage. A tenant's credit score will be lowered if they are reported for delinquent rent. Knowing this, the fear of reporting a renter may be sufficient to persuade them to take one of your more lenient offers.
You should be able to minimize the number and expense of evictions by using these six techniques. While not all problems can be resolved using the procedures outlined above, they are far superior to the arduous process of eviction.