Avoiding The Eviction Process

3 houses dangling from a clothes line, on falling off with "eviction" written on it

The best-case scenario for evictions is to avoid them!

That being said, evictions are a part of the rental investment process and are one of the legal enforcement options landlords have to enforce their lease documents. Having a secure lease in place with the tenants upfront is of the utmost importance. Unfortunately, this process is often overlooked at the beginning of a lease term if not using a professional management company. Your lease contract will be the governing document for all processes that surround the eviction process.  

Avoiding evictions can be accomplished through successful negotiation practices. Negotiating around an eviction can often be the best option. Evictions are a complicated, time-consuming process and usually are not in the best interest of either party involved.  

For Landlords, successfully avoiding the eviction process can be important for the following reasons:

  • Evictions can be a long process and have many complicated steps. To evict you must follow each step correctly to be successfull.  
  • During the eviction process, the tenants may not be paying rent, causing additional losses. 
  • Showing of the property during an eviction can be very difficult, if not impossible, due to flaring tensions between parties. 
  • Negotiation can often lead to more positive results for both parties. 

For tenants, the eviction process is not beneficial either.

Viewing the situation from the tenant’s perspective is often overlooked, but seeing it through the tenant’s eyes can help you negotiate. For tenants, evictions are not typically the best solution for either for the following reasons:

  • Evictions can ruin a tenant’s rental history.
  • Evictions lead to collection processes that can ruin credit history.
  • The eviction process does not relieve the tenant of any debt. Tenants are still responsible for rent through the eviction process.  

Using these points to negotiate can lead to significantly better outcomes for both parties.

Successful negotiations can lead to more positive results, such as: 
  • Tenants are willing to vacate the property to allow for new tenant placement with tenants that can pay the full rent. 
  • Tennants that allow you to show the property before their move to allow for new tenant placement. When a new tenant takes possession, it can let for rents due to be covered and release the current tenant from rent obligations. This solution can be a win, win for both parties. 

There are a lot of complex situations that can occur within an eviction proceeding, and every scenario is slightly different. Having a partner like a professional property management company in your corner can be a great asset.  

For more information on evictions, please review the flow chart and links to many template documents below. The flow chart looks complicated but does breakdown the process from a top-level very well. However, the chart does not account for many of the nuances involved in each situation.  

Eviction Flow Chart

Eviction Process Document Links

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