ArtsAutosBooksBusinessEducationEntertainmentFamilyFashionFoodGamesGenderHealthHolidaysHomeHubPagesPersonal FinancePetsPoliticsReligionSportsTechnologyTravel

How to Stay in Control During the Tenant Eviction Process

Updated on October 8, 2013
Stay in Control of Your Legal Action
Stay in Control of Your Legal Action | Source
Stay calm when working with your tenant(s)
Stay calm when working with your tenant(s) | Source

Treat the Eviction as a Business Matter

How many times do you want to interact with your tenant? Probably just once a month when you collect the rent. Most tenants want to be left alone as well. Yet there will be times when the situation calls for talks on the telephone, meetings or visits to solve a problem. It could be about the rent, noise, a lease renewal, damage to the apartment or any number of situations.

At some point during the tenancy the tenant/landlord relationship sometimes goes sour. If the problem is severe you may have to ask your tenant to move out. Eviction is what happens when the tenant refuses to leave. The eviction process is too expensive to be used to get rid of someone you do not like. If the behavior of the tenant is damaging or detrimental to your other tenants or the real estate investment, eviction action must be taken.

The eviction process is a traumatic experience for both parties. By the time you've made the decision to evict a tenant, you’ve tried your best to avoid it. You stand to lose a lot of money. The tenant could lose his or her home. Anger and stress will exist throughout the process for both parties. It is up to the owner or manager to stay in control during the eviction. A cool head and a calm attitude can help a landlord avoid saying or doing things that might be recalled and harm the case in court.

An eviction is a rite of passage that every homeowner may experience at least once in the lifetime of the property. It should be an objective and unemotional decision. For example, in these tough economic times, you may not want to evict the tenant because he is always late with the rent. The eviction, lost rent, repairs and painting, screening for a new tenant would be required homeowner expenses. The cost to replace him would be in the thousands.

There are ways to keep irritability about the process at a low level, and stay in control as the owner during an eviction case.

1. No matter how nice the person or family, do not expect your tenant to cooperate with you. Be civil. Do not have any extended conversation about the eviction. Let him or her say what has to be said. Then politely ask to put it in writing for your consideration. You don’t want to say anything the tenant can or will repeat in court.

2. Never lose your temper with a tenant. Your best friend and tenant is trying to drive you crazy with a series of ridiculous requests. For example, she wants you to replace a three dollar kitchen sink cap. If you are having a bad day, you can say or do something nasty that you regret later. Your friend will decide to repeat the nasty comment you said in a rage. Stay in control, and maintain a professional attitude when dealing with a tenant, your friend or relative living in your apartment.

3. Keep your perspective. An eviction is a business matter. Like most legal actions, the eviction could take weeks or months to finish. If you spend all your time angry at how long the process is taking, you could do something that could spoil the case. If you lose the case over a small detail, like failing to reserve your rights on the back of every check or money order you receive during the eviction, you will have to start all over again.

4. Keep your personal life separate from that of the tenant. Your primary business is the welfare and management of your property. If you befriend the tenant, it will make the eviction more difficult for you. It can be even harder to do if you rented your apartment to a personal friend or relative. When you rent to a friend or family you establish two relationships - one personal and one business. At the end of the eviction, you could lose your friend or family member as well as a tenant.

5. Make sure the eviction is based on professional rather than personal reasons. An eviction because you fell out with your cousin at a family picnic will fail. In another instance, you are outraged that the tenant can not seem to pay the rent on time every month, but apparently he has the money to buy a new car. You decide that you should raise the rent on him. You do this every time the tenant buys something new. An eviction, or a move-out, may be in your future.

6. Do not violate the tenant’s rights. Keep taking care of his or her apartment during an eviction. You don’t want the tenant to tell the judge that you haven’t made any repairs since you started the legal action. One has nothing to do with the other, even if the case is about excessive damages to the apartment. Don’t cause your investment to be de-valued. Have the tenant sign off on any and every repair done in the apartment. If work is done by an outside contractor, have the tenant sign the invoice.

7. If the case gets too complicated, hire a housing attorney. Then refer the tenant to him or her for the remainder of the action. Turn over all pertinent documents, paperwork and letters, and let your lawyer finish the job. Take the advice your attorney gives to you.

An eviction is a part of the business of owning occupied real estate. It is a series of decisions based on facts, observations, and written or video documentation. Staying in control means you will comply with the application of city, state and federal laws and ordinances. You may have to prove your compliance in court.

As the owner or manager, you are expected to control the legal process on your end. Decisions made from the truth based on facts and adherence to the law will help win your case.


working

This website uses cookies

As a user in the EEA, your approval is needed on a few things. To provide a better website experience, hubpages.com uses cookies (and other similar technologies) and may collect, process, and share personal data. Please choose which areas of our service you consent to our doing so.

For more information on managing or withdrawing consents and how we handle data, visit our Privacy Policy at: https://corp.maven.io/privacy-policy

Show Details
Necessary
HubPages Device IDThis is used to identify particular browsers or devices when the access the service, and is used for security reasons.
LoginThis is necessary to sign in to the HubPages Service.
Google RecaptchaThis is used to prevent bots and spam. (Privacy Policy)
AkismetThis is used to detect comment spam. (Privacy Policy)
HubPages Google AnalyticsThis is used to provide data on traffic to our website, all personally identifyable data is anonymized. (Privacy Policy)
HubPages Traffic PixelThis is used to collect data on traffic to articles and other pages on our site. Unless you are signed in to a HubPages account, all personally identifiable information is anonymized.
Amazon Web ServicesThis is a cloud services platform that we used to host our service. (Privacy Policy)
CloudflareThis is a cloud CDN service that we use to efficiently deliver files required for our service to operate such as javascript, cascading style sheets, images, and videos. (Privacy Policy)
Google Hosted LibrariesJavascript software libraries such as jQuery are loaded at endpoints on the googleapis.com or gstatic.com domains, for performance and efficiency reasons. (Privacy Policy)
Features
Google Custom SearchThis is feature allows you to search the site. (Privacy Policy)
Google MapsSome articles have Google Maps embedded in them. (Privacy Policy)
Google ChartsThis is used to display charts and graphs on articles and the author center. (Privacy Policy)
Google AdSense Host APIThis service allows you to sign up for or associate a Google AdSense account with HubPages, so that you can earn money from ads on your articles. No data is shared unless you engage with this feature. (Privacy Policy)
Google YouTubeSome articles have YouTube videos embedded in them. (Privacy Policy)
VimeoSome articles have Vimeo videos embedded in them. (Privacy Policy)
PaypalThis is used for a registered author who enrolls in the HubPages Earnings program and requests to be paid via PayPal. No data is shared with Paypal unless you engage with this feature. (Privacy Policy)
Facebook LoginYou can use this to streamline signing up for, or signing in to your Hubpages account. No data is shared with Facebook unless you engage with this feature. (Privacy Policy)
MavenThis supports the Maven widget and search functionality. (Privacy Policy)
Marketing
Google AdSenseThis is an ad network. (Privacy Policy)
Google DoubleClickGoogle provides ad serving technology and runs an ad network. (Privacy Policy)
Index ExchangeThis is an ad network. (Privacy Policy)
SovrnThis is an ad network. (Privacy Policy)
Facebook AdsThis is an ad network. (Privacy Policy)
Amazon Unified Ad MarketplaceThis is an ad network. (Privacy Policy)
AppNexusThis is an ad network. (Privacy Policy)
OpenxThis is an ad network. (Privacy Policy)
Rubicon ProjectThis is an ad network. (Privacy Policy)
TripleLiftThis is an ad network. (Privacy Policy)
Say MediaWe partner with Say Media to deliver ad campaigns on our sites. (Privacy Policy)
Remarketing PixelsWe may use remarketing pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to advertise the HubPages Service to people that have visited our sites.
Conversion Tracking PixelsWe may use conversion tracking pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to identify when an advertisement has successfully resulted in the desired action, such as signing up for the HubPages Service or publishing an article on the HubPages Service.
Statistics
Author Google AnalyticsThis is used to provide traffic data and reports to the authors of articles on the HubPages Service. (Privacy Policy)
ComscoreComScore is a media measurement and analytics company providing marketing data and analytics to enterprises, media and advertising agencies, and publishers. Non-consent will result in ComScore only processing obfuscated personal data. (Privacy Policy)
Amazon Tracking PixelSome articles display amazon products as part of the Amazon Affiliate program, this pixel provides traffic statistics for those products (Privacy Policy)
ClickscoThis is a data management platform studying reader behavior (Privacy Policy)