Eviction Guidelines – Dealing with Deadbeat Tenants

If you’ve been real estate investing for any amount of time chances are you’ve had to evict a problem tenant. Eviction is just one of those nuances of investment property ownership that will not go away. Tenants, sometimes even despite their best intentions, are going to experience the hardship of paying rent and have to be evicted.

Thankfully, a real estate investor does have legal recourse to defend his or her rights against a tenant occupying an income property while refusing to pay rent in a process known as eviction. On the downside, however, eviction is bad for the real estate investor because it means a disruption in rental income along with the time and cost it takes to evict a tenant.

Worst of all, eviction is an ugly process. The removal of a family or an individual from the place where he or she lives does not sit well with society, and usually the tenant comes off looking like a victim and the owner is perceived as the bad guy. You might find the courts very sympathetic to the tenant and very critical of your points for bringing the action for eviction. Moreover, the decision of the court might actually rule in favor of the tenant.

Of course eviction would not be required in a perfect world, but in reality people do exist that are going to contradict the parameters a landlord has set for his or her rental properties, and as a consequence tenants must be taken to court and eviction cases do occur.

Okay, as a rental property owner what can you do when faced with a problem tenant and the probability of an ensuing eviction? Here are some guidelines.

  1. Before beginning on eviction, try to negotiate a meeting of the minds with the tenant. Sometimes this will result in a better outcome.
  2. Study the rules in the state where your property is located. Mistakes may result in losing your case or cause you to restart your case all over again.
  3. Abide by the grace period stated in your lease or rental agreement. You cannot start an eviction until the legal grace period given a tenant to pay the back rent in full has lapsed.
  4. Beware of charges of landlord retaliation. Never evict a tenant for the sake of vengeance or because you are mad with the tenant for some reason.
  5. Avoid face-to-face confrontations with the tenant that might result in you saying something stupid or might give the tenant cause to make other claims, such as discrimination.
  6. Carefully weight the odds of winning and in cases of uncertainty, perhaps consider avoiding eviction and lawsuits and offer the problem tenant money to vacate the unit.

Knowing when to evict a tenant, understanding the eviction process and state guidelines, representing yourself in court, and staying clear of eviction pitfalls are one of many nuances of real estate investing that no real estate investor wished for, but a reality, nonetheless. Smart real estate investors, therefore, do not ignore learning about eviction, and are achieving success because they have discovered how to cope with it effectively.



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