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When Eviction is The Wrong Call

Stressed Charleston Property Manager on the Phone Evictions are occasionally an unavoidable aspect of the business for Charleston property managers and rental property owners. 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. Hence, it might not be a good idea to evict a renter. You and your tenant would probably benefit more if you find better solutions than eviction in these circumstances.

Your Otherwise Good Renter Falls Behind on Rent

To have a lucrative rental property, you must have a decent renter. Sometimes dependable renters often suffer financial problems, unemployment, or other issues that make it difficult for them to make rent payments. Non-payment of rent is without question a violation of their lease. But it may not be reasonable to evict a tenant for missing a single or numerous rent payments. This is usually the case if the tenant has a history of prompt payments, good housekeeping, and property maintenance .

In such occurrences, a preferable alternative to eviction may be to work with your renter to develop a solution to help them catch up on their missed rent payments. As long as the renter’s financial issues are momentary, this might be an excellent approach to avoid the price of evicting and replacing the tenant, while also generating the renter’s appreciation. This method is more likely to help you collect all of the missed rent payments and retain a good tenant in the long run if you are prepared to bear a small financial loss in the short term.

You Don’t Have Clear Legal Grounds

In some cases, eviction can lead in more legal matters than it might solve. Avoid these no matter what. Confusion surrounding your legal grounds for eviction is one of these scenarios. 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 situation would be if your eviction could be interpreted as a form of discrimination against a tenant who belongs to a protected class. The federal Fair Housing Act makes it illegal to evict a renter on the basis of factors like age, religion, skin tone, marital status, sexual preferences, and more. The renter may bring legal action against you if the eviction is presumed as discriminatory.

And finally, before or after attempting to evict for non-payment of rent, be cautious about taking partial rent payments. You could lose your legal right to remove the tenant and be in a very sticky situation if you take any rent from the renter. 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 writing, a judge will probably consider to be a continuation of your lease agreement. If you lack clearly defined legal grounds for eviction, you should wait until the issue becomes clearer.

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. This often results in missed wages as well as increased maintenance and repair costs.

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

Finding a decent tenant with a track record of timely rent payments is one of the easiest methods to fully avoid evictions. Sometimes, this can be tricky, especially if you have other obligations. At Real Property Management Charleston, we properly vet each applicant for a rental unit, selecting only the most qualified people. Our Charleston 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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