Why Saying "Goodbye" to Tenants with Eviction Should Be a Last Resort

All landlords run into some common problems during their careers: you may encounter sudden storms that damage your properties, midnight emergency maintenance calls, or regular battles with frustrating tenants. Generally, issues with the building or weather respond to a practical fix—but person-to-person interactions can be a bit more complicated. It's worth trying everything that you can (within reason) to resolve tenant issues before they go too far, but in some cases, you may reach a point where you have no choice but to choose eviction.

The process can be both a problematic interpersonal conflict and a complicated legal one: while we'll offer you some tips for taking the right steps as a Carlsbad area landlord, this particular post is not meant to substitute for proper legal advice. Please consult with a lawyer if you're thinking of moving forward with an eviction.Sad evicted couple worried moving house

Better Problem Solving, First

If you are running into consistent issues with a tenant who already lives in your properties, it's a little too late to try to move them off the path. Your only recourse is to try to work through the problem or choose removal. Luckily, many tenants are responsive to feedback, and it may only take a conversation or two to set them straight; you won't always be so lucky, but it's worth taking those steps before initiating more drastic action.

The root of your issue with a tenant could be a lack of effective communication or some misunderstandings: if you aren't on the same page as your tenants, you're bound to run into trouble. Arriving at a common understanding with some clear communication can go a long way towards fixing the issue:

  • Communicate "early and often"
  • Document everything
  • Address problems directly when they come up
  • Don't negotiate when things are not negotiable.

Avoid Evictions with Effective Screening

The easiest way to deal with challenging tenants is to avoid renting to them in the first place; doing so saves you the trouble of having to repair damaged tenant relationships or follow through with an eviction. If you don't use a tenant screening process at this point, it's worth considering; a good screening process will allow you to feel out potential tenants and gauge whether they'll be a good fit for you or whether you'll want to send them packing.

When screening tenants, you want to take a look at a few essential metrics; they'll give you a good sense of the financial standing and character of prospective renters:

  • Rental History
  • Credit Score
  • Prior Evictions
  • Criminal Records
  • Employment History
  • Income Information

If a tenant has some adverse history in one or more of these areas, it's a sign that you may encounter issues with them in the future. However, a clean history is a good sign that you have a quality candidate on your hands. You can often investigate these things yourself, but you may also elect to use a background screening service: if you choose to go this route, make sure that the service complies with the Fair Credit Reporting Act—and that you do, too!Gavel and Small Model House on Table

If Eviction Is on the Table

You may have put a great deal of work into troubleshooting issues with your tenants, or the most effective screening process put in place. Despite these steps, what if your tenants continue to cause problems for your Carlsbad rental property? If you've reached a point where you think that eviction is the only recourse left, it's time to take a serious look at what you need to do next.

It's a good idea to hire the service of a lawyer in Carlsbad as soon as you can: you'll have solid advice from the start if you do so. Before you do anything else, determine if you have grounds for eviction: generally, this will mean that a tenant needs to violate the lease agreement or a local, state, or federal law. All of these items are a solid basis for eviction. If you have grounds for an eviction, make sure that you haven't violated any terms of the lease yourself—if you've kept up your end of the bargain and tried to resolve issues at the lowest level, you should be free to pursue eviction. As you go through the process, be sure to keep written records of everything that you do.

Once you've made a choice to evict the tenant and delivered notice, the process gets tied up with the legal system: you (or your lawyer) will need to draft an eviction complaint. You'll file the complaint with your county clerk's office, deliver a summons to the tenant, and attend an eviction hearing where a judge will rule in favor of either you or your tenant.

Find a Good Property Manager

The eviction process can be complicated and often confusing; a Carlsbad property manager can be a significant help as you move through the process. They can offer legal advice and help you navigate through any potential issues that arise. Carlsbad property management companies can also take over the eviction process entirely if it's what you need, depending on their skill set.

If you've run into trouble with tenant issues with your Carlsbad investment property, you not only want—but need—someone in your corner. Raintree Property Management can be the partner you need during this difficult process—we can even handle evictions for you, as much or as little as you need.

If you feel hesitant about the tenant screening process but wish to protect yourself from the nightmare of evictions, take a look at our FREE Tenant Screening Checklist today! It's got all the information you need to get started screening applicants so that you know your property is getting the best tenants from the start!

 

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