eviction

We previously discussed the effects and costs of an eviction for the landlord but we did not touch on the effects on the tenants. As we have said previously, most tenants enter into a rental agreement with the best of intentions and abilities to adhere to their responsibilities. Situations do arise though that can lead a tenant to eviction and an eviction does leave an impact.

What Can a Tenant Be Evicted For?

The most common reason for eviction is non-payment of rent but be aware that as the tenant, you can be evicted for failing to adhere to the terms of the lease including the number of persons living in the house, pets, and maintenance. If you are given notice to remedy a situation that violates your lease and fail to do so within the prescribed time, your landlord can being the eviction process.

Effects of Eviction for Tenant

What Happens During an Eviction?

Once a tenant fails to remedy a lease violation, the landlord will file a complaint for eviction with the appropriate Court. All of the tenants and known residents of the rental property will be served with notice. Defendants are given the opportunity to file a response to the complaint with the Court and the Court will review the answer. If the Court feels the answer can help resolve the situation without the eviction proceeding it may schedule a hearing to mediate. If the Court feels the answer is baseless or no answer is received, the Court will issue a judgment in the landlord’s favor allowing the landlord to hire the local Sheriff to evict the tenants. An eviction notice will be served to all the parties listed in the complaint; the notice will provide a date that the property must be vacated. If necessary, the Sheriff will forcibly remove the tenants from the property.

What Are the Lasting Effects of an Eviction?

A fully executed eviction will be reported on most credit reports and most landlords run not only credit reports but public records searches for court cases including evictions. Most states allow for eviction cases to expire from a person’s record after seven years. Potential landlords may be less likely to allow a person with a previous eviction on their record to rent from them. The landlord that executed the eviction may also sue their former tenant for unpaid rent and any damage that was not covered by the security deposit.

An eviction is a costly event for both the landlord and tenant. Not only is the immediate concern for the tenant lawyers’ fees and finding a new place to live but also facing the risk of a collection judgment and paying higher rental payments and security deposits until the eviction expires from the public records.

One of the most feared situations when it comes to managing a rental property is an eviction. In a perfect world, tenants would pay their rent on time every month, adhere to the terms of the lease, and leave your property in better shape than they received it. Reality is far different. While most tenants work hard to remain in good standing with their landlord, there are those in the minority that don’t. The cost of eviction is not inexpensive for a landlord.

Are You Able to Evict?

Before ever filing a complaint in Court, you’ll need to determine if you have the legal right to file an eviction. Unpaid rent is not the only reason to evict, although it is the most common cause. If you’re looking to evict a tenant because they have unauthorized animals in the property or additional tenants that exceed the lease or public code allowances you need to see what remediation your lease and local & state laws require before proceeding with an eviction. Often you’ll need to provide written demand for payment of rent or resolution to the dispute to the tenant with a reasonable timeline.

The Cost of Eviction

What Does an Eviction Cost?

There’s no one-size-fits-all price tag for an eviction. Sometimes a landlord will get “lucky” and a tenant will abandon the property and not contest the eviction proceedings other times a tenant will fight to the bitter end. The cost also varies based on how much back rent the landlord is owed, attorney’s costs, and Court filing fees. There’s also the question of what state the property is in once the eviction has been completed. If the property requires major repairs in order to to make it habitable for the next tenants; those costs coupled with the time lost on rent can also add up quickly.

A brief summary of eviction costs include:

$500 – attorney fees
$50-200 – Court fees
$150 – rekeying costs
$1,500 – repairs and cleaning fees
$4,500 -3 months of lost rent after eviction was completed

Total: $6,850

Can You Recoup Your Loss?

With the appropriate evidence (e.g. a lease, late notices, demand letters) a landlord can file a complaint in small claims Court for a personal judgment against the former tenant. If the landlord secures a judgment they can attempt to collect the unpaid rent and charges for damages (if any) but roughly only 17% of landlords who seek out this option ever see repayment.

There’s no solid guarantee that the tenant you thoroughly screen isn’t going to default on their rental obligation. But adhering to the lease (late fees and proper notice) and keeping communication open with your tenant can alert to you problems before they escalate and can protect you and your investment in the long term.

Source: https://www.landlordology.com/cost-to-evict-a-tenant/

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