SELF-HELP EVICTIONS
(NEXUS PROPERTY MANAGEMENT 101)
For whatever reason, the topic of self-help evictions has been popping up recently. During Covid, when more barriers were in place to support non-paying tenants in a way that made property ownership more difficult for landlords, perhaps property owners thought it made sense to take matters into their own hands. And maybe that experience has decreased the trust owners have in the legal system? But…it doesn’t matter. Self-help evictions are a bad idea.
Forcing anyone to do something against their will is asking for trouble. Throwing someone out of a home without legal backing fits that bill. As frustrated as you might be with a tenant, or as slow and clunky the system might seem, never put your own livelihood at risk by performing a self-help eviction.
LEARN MORE: DOES IT WORK BEING THE TOUGH, MACHO LANDLORD?
LAWS MATTER
Once upon a time, in the days of sheriffs and hitching posts…and Ok, a bit more recently than then; but the point is, this USED TO BE the way business was done, but it’s not anymore. These days, wielding a baseball bat at anyone is going to get you into trouble. In Connecticut, self-help evictions are a misdemeanor. In Massachusetts, landlords could face up to six months in jail. There’s no gray area here: landlords personally removing a tenant with physical force or the threat of physical force is not permitted.
This certainly isn’t a popular thing to say…but, the legal system is pretty good at doing what it is supposed to when it comes to real estate. THE ULTIMATE GOAL IS TO ENSURE YOU GET YOUR PROPERTY BACK. It’s far from perfect and most states have adopted pro-tenant laws because rampant homelessness would be problematic, but compared to the way things worked in the past, the legal system is extremely refined and efficient. It’s still clunky and it’s still expensive, but there’s a predictable system and that is essential to building consistency and trust in the process. Our teams are at courthouses weekly assisting on evictions and can vouch first-hand that our clients benefit from there being a system, and from our knowing the system.
THREE OPTIONS TO REMOVING DIFFICULT TENANTS
1. CASH FOR KEYS
Cash For Keys is a personal incentivized agreement where you offer money in exchange for the tenant vacating as soon as possible. Unlike an eviction, it is bilateral and brings the tenant into the process in a way that can be effective in maintaining their dignity and pulling them toward making a deal because you’re offering them a carrot. This may sound like a bad idea because it feels like you’re rewarding someone for being difficult, but if you can get them out quickly and return your unit to profitability, it’s just the cost of doing business.
LEARN MORE: CASH FOR KEYS: HOW TO MAKE IT WORK, AND WHEN IT’S A GOOD OPTION
2. STRAIGHT MOVE OUT
There’s nothing fancy about this. You simply let the tenant know that your next move is to file an eviction, which will negatively affect their credit score and financial well-being down the road, or they can just leave now and you won’t have to take that step. You’re offering them that final chance to return the property to its rightful owner without punishment. This is ideal because it saves you time and the costs that come with the eviction process.
LEARN MORE: 3 TIPS TO ENSURE THE LEGAL SYSTEM WORKS FOR YOU WHEN TENANTS DON’T PAY
3. EVICTION
As noted earlier, the eviction process exists so you can legally get your property back. It’s not cheap and you’re beholden to the judicial calendar, but it is a reliable means to remove a tenant so you can get the unit rent-ready and attract a quality (paying) tenant. It is essential that you evict as soon as legally possible to avoid compounding losses. Excuses don’t put money in your pocket but instead cost you time and headaches down the road.
LEARN MORE: THE BEST WAY TO AVOID A PAINFUL EVICTION
FOLLOW THE RULES
This may sound simple…or even insulting, but the best advice is to “follow the rules”. Real estate investment is a winning proposition but it is not without its headaches…nothing worth doing is. Non-paying tenants are unavoidable bunkers you’ll get trapped in the more you play the game. The trick is to remember that there are acres of fairway around you and a reliable path to get out of the sand, even if it’s not pleasant or costs you a couple strokes, will get you back on the green in no time. The worst thing you can do is make a rash choice and dig an even deeper hole for yourself.
Or (to really beat up the analogy) you can hire a professional to caddy you through the frustration. At Nexus Property Management®, we’ve managed over 1000 units over the last decade. Our size and experience has helped us map out the world of evictions in a way that individual property owners just can’t do on their own. Hiring a property manager is the best way to limit risk and make your money work for you. Contact any of our offices to learn more.
UPDATE!!!
PROVIDENCE LANDLORD SHOT AND KILLED WHILE ATTEMPTING SELF-HELP EVICTION:
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Mick Lefort is the Vice President of Operations for Nexus Property Management®. A National Property Management Franchise that manages all types of rental property from single family homes or condos to large apartment buildings and complexes.
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