Dear Reader,
The tenants you have are driving you crazy with their continued shenanigans. It’s about time we take drastic measures because half measures have availed us nothing. Trust me, we’ve seen it all. Open dumps at the property, tenants tearing things apart, subletting the apartment without permission, not ever paying rent, illegal activity, the list goes on and on. The primary valid reasons for an eviction are:
- Nonpayment of rent
- Lease agreement violations
- Property damage
- Illegal activity (usually drug related)
- Expiration of lease
The easiest way to deal with a bad tenant is to never have one in the first place! (We’ll talk about how to qualify a tenant in another article). However, since we’ve somehow gotten into a jam with a bad tenant, what solutions are available to us now?
Let’s get one thing clear, when you lease your property, the leaseholder has a legal right to that property even if you are the true owner. Though tenant rights vary across municipalities, the fact that you must never do a “self-help eviction” is always 100% true.
Never, I repeat NEVER, do the following:
- Remove the tenants belongings: Though this may seem like a viable option at first glance, even if the tenant is in the wrong – their lease is expired and they no longer have a basis to extend their stay at the property, it is never a good idea to remove the tenants belongings without having gone through a proper eviction process.
- Change the Locks: “Why not just change the locks?” you might think. The property belongs to you, you’re in the right, and the tenant needs to vacate the premises. However, you as the landlord would rather not be on the receiving end of a lawsuit for slander or libel, intentional infliction of emotional distress, or wrongful eviction. Following the letter of the law for the full eviction process will be well worth it in the long run, as you’ll avoid long and costly court proceedings as well as potential criminal charges.
- Shut off the utilities: What are the costs of temporary housing, the food that will spoil in the fridge after you cut off the power, the cost of a generator for electricity and other similar expenses the tenant would incur if you cut off the utilities? You may end up responsible for those costs, emotional distress, and more.
- Physically urge the tenant to move: Squad cars, flashing lights, and handcuffs. That is the reality you may be heading towards if you leverage physical force to urge a tenant to leave a property. Your record of arrests and prosecutions now reads, “trespass, assault, battery,” and potentially more if you choose the physical force route. Be smart. Go through the proper channels to get an eviction done.
No matter how crazy your tenants may be driving you, please please please just do the legal thing. If you’re predisposed to take matters into your own hands – seek legal counsel and have them handle the eviction process. There is no reason why you should be getting into trouble for an investment that is supposed to be making your life easier!
If you have a specific scenario you need guidance on, let us know! We’d love to hear from you and apply our expertise to help you get to a solution for your landlord-tenant issue. If we don’t have a solution for you, we guarantee you we know someone who does and will happily refer you to someone in our network of trusted professionals. Book a free consultation any time or call us anytime at (240) 270-5149.
To your continued success!
Best,
Black Tiger – A Marshall Home Buyers Partner