EDUCATE

RENTER COMPLIANCE

Preventing and Managing the Eviction Process

By Brea Harper

Nothing is more stressful for both property owners and renters to face than an eviction. Property owners don’t want to go through it, and renters are often just as stressed as the property owners. However, sometimes it can’t be helped – or can it? Property owners can take steps to prevent it from happening in the first place, and if it happens despite their best efforts, there are effective and caring ways to manage it.

Property owners can start by carefully screening renters and ensuring they can afford it. Going through a thorough application process offers the easiest way to avoid the problem. According to “6 Tips for [Property Owners] About the Eviction Process (And How to Avoid it)” by Andrea Collatz from SmartMove, “If you want to avoid payment issues, then be sure to do your due diligence with renter screening from the very start. There are three reports that can help a [property provider] determine if the [renter] will be likely to pay the rent on time: Credit Report, ResidentScore Report and Income Insights Report.”

It’s critical to look at prospective renters’ payment histories with other properties, especially when their credit score may be in question. Their credit scores might be fair, and that could be because the person went through something like a divorce and lost income as a result. In a down economy, renters may have had to

switch jobs and lost income. However, their rent history will give you a better idea of their ability to pay or prioritize rent. If you have an applicant with a fair score, but an impeccable rental history versus a prospect who has a good credit score, but a sketchy payment history, better to choose the best record. It shows that no matter the financial situation, this person prioritizes rent payments.

No matter the screening process, “life happens” and sometimes despite someone’s best intentions, he/she may not be able to pay rent. This case certainly has been true with COVID wreaking havoc on many people’s lives. Also, be aware if the COVID eviction moratorium has been lifted in your city or county (some places in the East Bay still have the moratorium in effect).

Another way to prevent or better manage eviction is to stay engaged with your renter. A good relationship with a renter will go a long way toward avoiding the eviction altogether. When someone creates goodwill with another person, the renter will be far more inclined to ensure rent gets paid. Also, property owners can work with the renter to come up with solutions.

According to Cal West Property Management in the article “Tips to Avoid [Renter] Eviction in Your Rental Property,” “It’s important to stay engaged with your renters throughout the eviction process. If the renter fails to pay rent, they will be evicted. But when a renter fails to pay, you have to follow up and stay engaged. Encourage communication with your renter. You can avoid eviction by working through the problems together and avoiding the awful mess that is an eviction. Renters don’t want to be evicted; it stays on their public record and on their credit for a long time. This will prevent them from being able to rent in the future.

The articles continues, “Make sure you offer incentives. If your renter won’t comply, or lost a job and is struggling financially, you can help them get out of the property without eviction. Maybe offer them money or give their deposit back. That’s a way to encourage the renter to get out sooner without having to go through the process. An eviction costs $1,500 or more, so you want to avoid it if possible.”

As you move forward with an eviction, please be aware of all of the legalities. You don’t want to find yourself in court over an illegal eviction. According to the article “How to Avoid Eviction and Still Get a [Renter] to Move Out” by Alyssa Adams, “Before embarking on a journey to remove your [renter], the reasons why need careful consideration. Unfortunately, not every [property provider] has the best intentions, and some laws protect a [renter] from retaliatory eviction. As the property owner, you may feel you have the right to remove anyone, at any time, and for anything, but that is not the case. Therefore, to protect yourself from any dispute or accusation of unfair practices, never pursue any eviction based on the following: race, color, sex, national origin, religion, familial status, disability, marital status, sexual orientation, gender identity, ancestry, or source of income.”

The Collatz articles states, “While it may seem like extra work, it’s in the [property provider’s] best interest to make sure all lease documents are in order. In the event of litigation, it will be helpful to have proof of each charge (i.e., property damage, late rent payment, etc.).

“It’s important to abide by any state-specific laws so that in the case of going to court, the judge won’t question the [property owners] practices or credibility. Ensure that all correspondence between landlord and renter are kept in writing; which includes emails, texts and letters.”

Using these tips will greatly improve your chances of avoiding evictions and managing them better. After all, no one needs that kind of stress.

Brea Harper is a California-based writer.