There is no other way to put it; tenant evictions are a nightmare. Aside from being very heavy on the wallet, it can also reflect poorly on your business.
The chances of things going wrong in evictions are high. Many former clients sue their property managers for violating their lease in such cases. Therefore it is imperative that each step of the process be transparent and well-done to avoid problems in the future.
As a property manager, it is your responsibility to ensure nothing goes wrong with the process. Here are the essential steps to follow to minimize conflict
Have a Reason that can Stand in Court
It is essential that your reason for evicting your client be valid in a court of law. Tenants have plenty of rights to protect them, so it is up to you to research your answer. Make sure your scenario is clear, valid, and strong. Anything else will come back to harm your business later on.
Send an Eviction Notice
There are a lot of rules about sending evictions. Aside from a specific time and way of delivery, the type of your notice must also be correct. Read up on local eviction notices to avoid confusion. If your tenant continues to reside in the property even after receiving the notice, you need to take things to court. A lawsuit may prove costly, so you must resort to it only when all options fail.
It is always a good idea for property managers to be aware of the local laws on tenants. This step is necessary because eviction laws in the US vary from state to state and have their basis in the common law.
Laws Every Property Manager Should Know
But many states do follow the widely accepted Model Residential Landlord-Tenant or the Uniform Residential Landlord and Tenant Act (URLTA) as the basis for their jurisdictions. The provisions of the acts aimed at protecting tenants from different forms of discrimination.
The clauses cover a lot of ground on the landlord-tenant relationship, including categories based on tenancy terms. On the subject of evictions, the URLTA and the Model Residental Landlord-Tenant Code have provisions that protect the interests of both landlords and tenants. The former can evict the latter on counts of violating the lease contract. Not paying rent on time or causing property damage are the most common reasons.
As a lease-holder, the latter is entirely within their rights to file complaints about the conditions of the building. However, the property owner cannot force their tenant to leave as a response to reporting problems in the property. The two acts also make the following points regarding evictions.
Landlord Rights
Self-Help Evictions
Landlords can initiate evictions either by a physical or a legal process. They can enter into the leased property and use only reasonable' force to throw out a tenant. However, this option is unfavored in most courts because of the vagueness surrounding the word 'reasonable.'
Eviction via Suing
The second option is the preferred one and begins with the landlord suing his client for the lease violation. This factor may be abandonment, in which case, the charged must have fulfilled the following categories to be sued.
Abandon the property without jurisdiction
Have no intent to return to the leased building
Have pending rent payments
Landlords, however, must be careful when on the topic of late rent payments. Such a warning is essential because the Implied Warranty of Habitability allows them to withhold payment on the following grounds.
The tenant can refuse to pay rent until the landlord repairs a damaged property.
The tenant can withhold rent and instead use it to pay for the repairs themselves.
The tenant can sue for the damages
Tenant Rights
Constructive Eviction
Tenants are also capable of charging property owners on a variety of misconduct. When they leave a property due to the landlord's violation of the lease, it is known as constructive eviction. They can use the property holder's misconduct regarding the material use of the property against him. However, the constructive eviction can only be valid if the tenant leaves the building within a reasonable period. The landlord also must be wrong on at least one of these counts.
They must have failed a duty outlined in the lease
They must have been unable to conduct promised repairs
They must have shown misconduct
They must have failed to maintain common areas like stairwells, common rooms, lifts, and more.
They must have failed in a duty owed to the tenant
Aside from this, The Fair Housing Act also protects the rights of tenants against forms of discrimination like
Discrimination based upon race or color
Discrimination based upon religion
Discrimination based upon sex (including sexual harassment)
Discrimination based upon natural origin
Discrimination based upon familial status
Discrimination based upon disability
What Can Property Managers Do to Minimize Evictions?
Importance of Tenant Screening Software
The first step in preventing the loss of clients lies in the onboarding process itself. A sound CRM system will ensure that only the most reliable applicants get the chance to sign with you. Among these technologies, Yardi ScreeenWorks Pro and MRI resident screening are two software you should use to minimize your chances of eviction.
Many property managers choose to hit fast-forward when it comes to screening clients. This practice in itself is understandable. After all, looking into a potential clients' background is taxing work. Not only do you have to find out about their criminal history, but you also have to find out about their credit scores.
But the right tools, like Yardi, can help cut down on time required to delve into your tenant's salary and old real estate processes. This software comes with advanced tenant screening processes that can provide you with this data in record time.
Such a streamlined process provides landlords with more than enough information about their applicants. They do not have to do a deep-internet dive to get detailed data but still reap its benefits.
This system makes work easier for all property owners as they onboard only the most eligible clients. This process dramatically decreases the chances of future evictions as well.
Want to get a tenant screening software that works for you? Contact the Assetsoft team today!