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Even with tenant screening and clear rules on the lease agreement, it's still possible for your tenants to misbehave. They can bend the rules a little or completely break them. While lease violations must be addressed with consequences, eviction might not always be the best course.
For one, an eviction case can take months to finalize, and you’ll need to handle loads of paperwork. Secondly, you will have to cover turnover costs and deal with potential vacancies, which can impact your cash flow. So, before you choose to evict a tenant, here's how you can assess whether they deserve it or not.
Key Highlights:
- Not all lease violations require eviction. Landlords should assess the severity of the offense, frequency of the behavior, and whether communication or warnings can resolve the issue.
- Eviction can be costly and time-consuming, so landlords should consider timing, especially if the lease is ending soon or if rental demand in the area is low.
- A landlord should only proceed with eviction when they have clear, well-documented legal grounds and a strong chance of winning the case.
- Common legal reasons for eviction include nonpayment of rent, lease violations, illegal activity, unauthorized subletting or pets, property damage, and failure to maintain the unit.
- Alternatives to eviction, such as adjusting lease terms, implementing a rent increase, or offering a cash-for-keys arrangement, can resolve issues more efficiently and with less financial impact.
Ask Yourself:
How Bad is the Lease Agreement Violation?
Some lease agreement violations are worse than others. Excessive noise is manageable, and damage beyond normal wear and tear can be fixed. You should resolve these issues by communicating with your tenants first and issuing an eviction notice only when the tenant does it again. Illegal activities, on the other hand, are a whole different matter and must always be handled via eviction.
How Many Times Have They Done It?
Some offenses are minor enough that you can forgive tenants for doing them once or twice, such as nonpayment of rent or being a nuisance to other tenants. You can issue penalties to discourage them from doing it again. However, there's a point when it's too much, and it can be enough reasons for eviction.
When is Their Lease Term Ending?
As you might already know, the eviction process can be tedious, as it can take weeks or months to finalize. For tenants with month-to-month leases, you can just wait for the lease term to end and not renew their leases. You still have to provide them with a written notice stating that you will not be renewing their lease, as required by state and local laws.
What is the Rental Demand Like in Your Area?
If the rental demand is low in your area, determine whether evicting a particular tenant would hurt your rental property more than letting them stay, especially with single-family homes. You can always start finding tenants while eviction proceedings are ongoing, but you cannot kick the existing tenant out of the rental unit until the eviction hearing is finalized and you win the case.
Will You Win the Eviction Case?
Before you evict a tenant from your rental unit, be sure that you can actually win the case. That means doing everything by the book, which is sending an eviction notice and following through the entire legal process.
Document the legal reason for eviction. For non-payment of rent, for instance, you can present transaction histories. Be sure that you are not violating any legal rights, such as classifying a service animal as an unauthorized pet. If you're unfamiliar with eviction laws, consult a legal professional.
What are the Legal Reasons to Evict a Tenant?
- Failure to pay rent
- Lease agreement violation
- Illegal activity
- Property damage
- Subletting without the landlord's consent
- Failure to maintain the rented space
- Ignoring written notices sent by the property owner
- Unauthorized pets in the dwelling unit
- When the property owner or an immediate family member is moving in
Eviction Alternatives
Instead of evicting a tenant, which requires you to go through local laws and lengthy processes, you can explore alternatives instead.
Changing Lease Agreement Terms
You can make alterations to the original lease agreement, making the rules stricter or the lease term shorter. You can even discuss changes with your tenant, who might be more agreeable with the terms you set to avoid eviction.
Issue a Rent Increase
Rather than evict the tenant, you can increase their rent to cover potential property damage, late rent, or other lease violations. There are now rent control laws in Florida, so the landlord may raise the rent without legal issues. However, you still need to be fair with the amount and provide proper notice.
Cash for Keys
If you, as the landlord, believe that eviction is the best option, you can instead propose a cash for keys arrangement, where you pay the tenant to vacate the premises. There's no need to wait for an eviction order that could take months, but you will have to compensate the tenant.
Tenant Eviction FAQs
What are illegal reasons for evicting a tenant?
- You cannot evict a tenant based on race, color, religion, sex, disability, familial status, or national origin, as it violates the Fair Housing Act. You are also not allowed to retaliate by evicting a tenant after they exercised their legal rights (reporting an issue to the authorities, requesting repairs, or joining a tenant union).
Can landlords still lose an eviction case even with legal reasons for filing?
- Yes. Without proper evidence, your tenant can defend their case and win, so be sure to prepare everything you need and proceed with the eviction process by the book, whether it's a just cause or a no-fault eviction.
What's the best alternative to eviction?
- The best alternative, other than preventing it, is the cash for keys method. You pay the tenant to leave the property, avoiding the tedious process of an eviction. The landlord may even provide assistance by finding new housing for the tenant.
What is the best way to avoid evictions?
- Being proactive is the most effective way to avoid evictions, such as meticulous tenant screening. You can also outline clear rules, including potential consequences for violating them.
Leave It to Experienced Professionals
Being a landlord can get stressful quickly when you have to deal with legal matters like evictions. One wrong move and you can lose your case, or worse, the tenant can file a lawsuit against you.
By hiring an expert to navigate legal matters, you're protecting yourself and your property. That's where Pristine Property Management comes in. Awarded as the best property managers in Miami, six years in a row, you can rest assured that your investment is in good hands.
Sounds like a plan? Contact us, and learn more about our services!
