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When Eviction is The Wrong Call

Stressed Honolulu Property Manager on the Phone Evictions are an essential element of the job for rental owners and Honolulu property managers. When dealing with frustrating renters, evicting them won’t always be the best option. For both you and your renter, evictions can be lengthy and expensive. The eviction process typically serves neither the landlord nor the tenant’s interests. Because of that, evicting a renter is not always the best option. 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

Profitable ownership of a rental property requires a tenant of high caliber. Even reliable renters may experience financial troubles, job loss, or other reasons that prohibit them from paying their rent. It is evident that failure to pay rent in a timely manner constitutes a breach of their lease. However, it might not be wise to evict a tenant for failing to pay one or more rent payments. 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.

Working with your renter to find a solution to assist them in making up any unpaid rent may be the best option in such cases. It’s certainly better than eviction. This can be an effective plan for avoiding the cost of evicting and replacing your renter while also gaining your renter’s deepest gratitude, granting that the renter’s financial issues are temporary. In the long run, this strategy is more likely to help you recover all of the unpaid rent and keep a good renter if you’re ready to suffer a small financial cost 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. Stay away from these at all costs. 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 as retaliatory and dismissed.

Another illustration would be if a renter who belongs to a protected class felt that your eviction was against them. 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 tenant may sue you if your eviction is found to be discriminatory.

Lastly, tread carefully when accepting partial rent payments before or after seeking to remove a tenant for non-payment of rent. 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. If you lack clearly defined legal grounds for eviction, you should wait until the issue becomes clearer.

You’d Rather Keep Your Money

The cost of the eviction procedure goes beyond merely the associated legal expenditures. Rent payments and frequently any cleaning or maintenance of the property will stop once your tenant learns you’ll be trying to evict them from the rental property. Both lost wages and increased cleaning and repair costs are often the results of this.

Given the cost and inconvenience of the eviction procedure, you could consider paying your tenant to vacate. With the use of a “cash for keys” arrangement, a tenant who is having money issues may be able to leave the rental property peacefully, or a stubborn renter may be persuaded to leave the property sooner rather than later. Offering money to someone who owes you money may seem strange, but even a lump sum payment of several hundred dollars is much less expensive than having to evict the renter.

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. At Real Property Management Alliance, we sift through all rental applicants to discover just the most qualified individuals for your rental property. If any issues develop in the future, our Honolulu property management advisors can help you choose the best plan 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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