If you’re debating whether or not you should evict a tenant, the answer is probably yes. For the most part, it’s an uphill battle to get someone to change. Tenants who break the rules, ignore their responsibilities, skip out on rent, or do anything else that would warrant an eviction are not likely to change their behavior, although there are some exceptions.
If you give someone more than one chance to resolve an issue, it’s going to be an endless series of problems that will only escalate until one of you explodes. It’s in your best interest as a landlord to evict someone who doesn’t respond to your notice to correct the problem.
Here’s what you need to consider before evicting a tenant.
Always evict for non-payment of rent
When a tenant frequently or even consistently pays rent late, there’s probably no chance of that changing. Tenants who can’t make rent on time usually have financial problems, like not getting enough hours at work or not making enough money to pay the bills. In some cases, tenants are just being irresponsible with their money, but either way, that’s not going to change.
You probably rely on rental income to pay your property-related bills on time, like the mortgage, insurance policies, repairs, and property taxes. Late rent will only cost you money, and tenants who can’t make timely rent payments will continue costing you money for as long as you tolerate late rent.
Assess lease violations on a case-by-case basis
Not all lease violations are serious enough to warrant an eviction, but that’s up to you. Only you can determine which rules are serious enough to evict over. For example, it seems unreasonable to move quickly to evict someone for having the wrong color blinds or for leaving trash on the porch for a couple days before bringing it to the garbage can. These situations are usually easy to remedy by communicating with the tenant. However, habitual lease violations are another story.
The fact that a tenant is disrespecting the lease agreement they agreed to follow should be taken into account. They might pay rent on time and not cause any other problems for you, but if you give them too much control by not enforcing the rules, they might take advantage of you in other ways.
Evictions have to follow a legal process
Although it’s advised to evict early and often, you still need to follow the law. State laws vary, but in general, you’ll need to provide your tenant with a notice to correct the violation within a certain number of days or move out. The time a tenant has to correct a violation will vary based on the offense. For example, serious offenses, like selling drugs on the property or physically harming someone (or you) can require as little as three days’ notice. Minor offenses, like smoking on the property when smoking is prohibited, can require as much as 10 days’ notice.
Since the legal requirements for filing an eviction are strict, it’s wise to hire a property manager to handle all tenant notices intended as a precursor to eviction. It’s the best way to avoid lawsuits for making the wrong move. For instance, Houston property management company Green Residential takes care of their clients by issuing all official notices according to Texas state law, which includes evictions. Hiring someone who knows the law will save you the hassle of having to start over if you do it wrong. Tenants need to be given notice in a specific manner and if that doesn’t happen, your eviction case will likely be dismissed and you’ll need to start over. However, if you engage in a self-help eviction, you could end up in legal trouble.
An eviction can help you get a better tenant
If you’re having problems with a current tenant, the only way to resolve things is to get your tenant to cooperate or make them move out. There is no in-between. If you’re tired of dealing with issues, then eviction – if legally warranted – is the right move. The sooner you get the process started, the faster you’ll get a new tenant who hopefully won’t cause problems.
Should you evict?
In a nutshell, if your tenant is open to correcting violations and wants to communicate, try to resolve issues directly with them first. However, if your tenant is costing you time, money, or causing problems, it’s time to start the eviction process.
