Avoid common eviction mistakes

 

stability-3-1240104It’s never fun, but in the property business, evictions will happen occasionally. And, even if you haven’t had one yet, the old adage “an ounce of prevention is worth more than a pound of cure” truly applies to understanding eviction mistakes. When one does happen, preparing for it will make it go a lot smoother.

Note: We aren’t lawyers, and highly recommend that you speak to one about evictions, but here are some common mistakes to review as a starting point:

Waiting for the problem to fix itself
Some landlords allow tenant delinquencies to linger, hoping the tenant will eventually pay past due rent. However, delaying sending default notices and commencing evictions action often end up being long “rent-free” periods, versus if a landlord immediately responds.

Failing to read the default provision in the lease
It is in your best interest as a landlord to know the default provision of the lease, especially when, where, and why a default notice may be sent. Compliance with default provisions is something that many Housing Court judges and referees require.

Negotiating without eviction proceedings
Proceedings provide a deadline for when a settlement must be completed, and eviction action can give leverage to the landlord for items like lease modifications.

Failing to evict all occupants
Always know everyone who occupies the leased property before eviction proceedings. And, know that a tenant on the lease may not be the same as an occupant. Naming all occupants helps ensure the landlord will not have to take on subsequent eviction proceedings if some occupant other than the named tenant asserts rights to the property.

If it ever comes to the point of eviction at your property, satintouch is here to help with our trash out service to remove all items from the property, and take on the liability for those items. Before that point, however, here’s a list of common mistakes landlords have made in the past.

Filed under: News

04/14/2015