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Packing for a Move

Four Hints For Dealing With Difficult Tenants

20 March 2015

Aaron Carroll

Real estate can be a great investment, and many Americans have found renting homes and other residential properties to be a lucrative venture. However, when things go wrong, such as willful destruction of your property by a tenant, refusal to pay rent, or other egregious behaviors, you should understand how to deal with the situation in a lawful manner. Acting rashly can be costly and derail your efforts to remove a tenant acting in bad-faith. Below are four hints that will help you calmly, logically and legally handle a troublesome tenant:

Know your state's laws concerning landlord and tenant relations

Each of the fifty states has its own specific legal guidelines that govern landlord and tenant relations. These laws are different from state-to-state, so it is vital for you to understand your rights as well as tenant rights under the law. Never assume what you have read about another state is applicable to your circumstances, nor trust word-of-mouth knowledge. If you have difficulty understanding your state's laws, and these laws are highly complex in some points, then contact a real estate attorney or property management company at a site like http://www.northstarpropertyservice.com for help.

You must terminate a tenancy before eviction can take place

If your rental property is being destroyed or your tenant is refusing to pay rent, it can be frustrating to stand by and see this behavior go seemingly-unchallenged. However, you must remember that no eviction can take place until tenancy is legally terminated.

There are several possible ways to legally terminate a tenancy when residents have not followed through with the terms of their lease or agreement, though some states are more restrictive than others in what they permit landlords to do. Below are the most common means to terminate tenancy:

• Pay or Quit – this is a proper notification that the tenant who owes rent must pay within a specified period of time or vacate the property.
• Cure or Quit – similar to a pay or quit notice, this specifies that a tenant who is violating some other lease provision, such as keeping a pet, must cease their behavior or vacate the premises.
• Unconditional Termination – this is the most draconian way to terminate tenancy. It requires that a tenant vacate the property with no provision for a "second chance" to rectify the situation. This option is usually only available when other options have failed.

All of the above notices must be served properly according to the procedures specified by law; for example, your state laws may require that a process server present the notification in-person to the tenant for it to be valid. Other states may allow more leeway, but be sure you follow whatever guidelines are in place to keep it legal.

Eviction is not your job

Another mistake made by inexperienced or unaware landlords is attempting to remove a tenant from their property themselves. These "self-help" evictions are usually illegal and can cost you huge sums of money in the way of damages, fines and court costs. Even if a termination of tenancy notice has been properly provided in a fully legal manner, tenants can still fight a pending eviction by filing suit in court or force you to bring an unlawful detainer lawsuit to obtain a court order. As long as these processes are ongoing, evictions are put on hold until a decision has been reached.

After a court order has been issued that is favorable to you, and the tenant is ordered to vacate, you still should never attempt to force an eviction. Turning off utilities, using intimidation, removing personal property from the home and other tactics may seem like a good idea, but you can actually be arrested and charged for violating the tenant's right to privacy. Allow the sheriff or other appropriate authority to handle the eviction itself when the time comes.

As frustrating and wrong as it may seem at times, have the patience to allow matters to take their lawful course. Bear in mind that irresponsible tenants will ultimately be forced to leave and that they are also going to be held financially responsible for your losses as a result.

Obtain the services of a property management company

One helpful way to avoid many of the hassles involved with dealing with hostile or irresponsible tenants is to use the services of a property management company. These individuals are well-grounded in state and local property laws, and they also have the expertise and capability to provide oversight of your property from beginning to end. Their assistance can help relieve you of not only the burden and stress of trying to remove tenants, but they are also able to handle many of the ordinary day-to-day concerns, too.

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