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When Eviction is The Wrong Call

Stressed Cambridge Property Manager on the Phone For Cambridge property managers and landlords, evictions are usually an inevitable part of their business. Eviction isn’t always the best option when you have to deal with a troublesome rental. Eviction proceedings can get pricy and be time-consuming for both you and your tenant. The eviction procedure is typically not advantageous to either the landlord or the tenant. Hence, it might not be a good idea to evict a renter. In these circumstances, you and your tenant are likely to be better off if you can identify alternatives to eviction.

Your Otherwise Good Renter Falls Behind on Rent

A successful rental property owner knows the value of a good tenant. Even decent renters can occasionally experience financial setbacks, lose their jobs, or otherwise find themselves unable to make their rent payments. It should be clear that non-payment of rent is a violation of their agreement. However, it might not be appropriate to evict a tenant who has missed one or more rent payments. This is true especially if the tenant has a record of on-time payments and does an excellent job of maintaining cleanliness and property upkeep.

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 could be a brilliant way to avoid the cost of evicting and replacing your renter while also winning your renter’s heartfelt thanks, given that the renter’s financial issues are momentary. By being willing to absorb a small financial loss in the short term, this solution is more likely to help you recoup all of the missed rent payments and retain a good tenant.

You Don’t Have Clear Legal Grounds

Under certain matters, eviction may cause more legal concerns than it solves. You should stay away from them at all costs. The vagueness of your legal grounds for eviction is an example of these problems. 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. 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. Your renter may file a lawsuit against you if your eviction is perceived as discriminatory.

And finally, before or after attempting to evict for non-payment of rent, be cautious about taking partial rent payments. Accepting any rent from the tenant could result in you losing your ability to evict them legally and putting yourself in an extremely challenging position. 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

The eviction procedure is costly, and not simply because legal fees are involved. 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. In most cases, this results in both lost income and increased cleaning and repair costs.

Given the expenses and aggravation of the eviction procedure, you should consider paying your tenant to vacate the premises. 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. Even a lump sum cash payout of several hundred dollars is much less than the cost of evicting the renter, which may seem counter-intuitive if you’re trying to get them to give you back money they owe you.

Avoid Eviction with Quality Property Management

Choosing a trustworthy tenant with a great history of on-time rent payments is one of the best strategies to avoid evictions altogether. Though, this might be difficult, particularly if you have other responsibilities to complete. In order to discover the most qualified applicants for your rental property, Real Property Management Boston thoroughly screens each rental application. Then, if problems should emerge in the future, our Cambridge property management specialists can assist you in identifying the best way to proceed. 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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