Webinar
Complete Guide to Evictions Webinar
In this webinar, we cover a comprehensive guide to evictions for landlords. You’ll learn about understanding eviction notices, including “pay or quit,” “comply or quit,” and “unconditional quit” notices. We emphasize the importance of legal compliance and avoiding illegal “self-help” evictions by using local resources. Communication and documentation are crucial, so we’ll discuss maintaining clear communication and thorough records. We’ll explore alternatives to eviction, such as payment plans and “cash for keys” agreements, and examine the severe consequences of eviction on tenants’ housing and credit. Lastly, we’ll discuss preventive measures, including effective tenant screening and robust lease agreements.
Key Takeaways
- Understanding the Eviction Process: Grasp the basics of eviction, including types of eviction notices such as “pay or quit,” “comply or quit,” and “unconditional quit.” Recognize that the eviction process varies significantly by location, making local legal knowledge essential.
- Legal Compliance and Resources: Ensure compliance with local eviction laws by utilizing resources like state-specific landlord-tenant law guides. Avoid illegal “self-help” eviction methods, such as forcing tenants out through discomfort or harassment.
- Communication and Documentation: Maintain clear and proactive communication with tenants, especially when issuing notices. Keep thorough documentation of all interactions and issues, which is crucial for legal processes.
- Alternatives to Eviction: Explore alternatives like payment plans or “cash for keys” agreements to avoid the eviction process, which can be lengthy and costly. These methods can sometimes resolve situations more amicably and economically.
- Impact of Eviction on Tenants: Understand the severe impact of eviction on tenants, including the difficulty in finding new housing and potential damage to credit scores. Recognize the social implications, especially for vulnerable groups like families with children.
- Preventative Measures: Employ thorough tenant screening processes to prevent eviction situations. Ensure your lease agreements are comprehensive and cover all necessary legal bases to protect both landlord and tenant rights.
Transcript ▼
Krista Reuther:
Well, welcome to the Complete Guide to Evictions. This is a webinar from us here at TurboTenant, and we have a very special guest with us who will be introduced at the end. So to start things off, my name is Krista Reuther. I am the Senior Content Marketing Writer here at TurboTenant. It’s a very lovely job. Full of lovely people like my boss, Jonathan.
Jonathan Forisha:
What a good segue way. I’m Jonathan, I’m the Director of Education and Community here at TurboTenant. And if you’re not already familiar with us, TurboTenant is an all in one platform for...
Top questions asked by the audience:
How long does the eviction process typically take?
The eviction process can take anywhere from 2 to 3 months on average. However, this can vary significantly depending on your location and the specifics of your case. Some cases may take longer, especially if the courts are backlogged.
What are the costs associated with evicting a tenant?
The process averages about $3,500, according to TransUnion. This includes court fees, legal fees, tenant turnover fees, and potential lost rent. Additionally, there are non-monetary costs such as the time lost and increased stress levels.
Is it possible to recoup unpaid rent after an eviction?
Yes, it is possible, though it can be challenging. Depending on your state, you may be able to deduct the missed rent from your taxes as a bad debt. Another option is to sue for payment in small claims court, but if the tenant is unable to pay, you may not recover the full amount.
What should I do with a tenant’s belongings after an eviction?
If the tenant leaves behind belongings, you need to follow your state’s specific rules. Generally, you should notify the former tenant, store valuable items for a set amount of time, and then dispose of them if not claimed. Trash can be removed immediately.
Are there alternatives to eviction?
Yes, there are several alternatives. You can consider converting the lease to a month-to-month agreement and not renewing it, providing rent relief resources, or offering a cash-for-keys agreement where you pay the tenant to leave voluntarily.
How can I avoid evictions altogether?
The most effective way to avoid evictions is through thorough tenant screening and having a solid lease agreement. This includes running background, criminal, and credit checks, gathering landlord references, and maintaining good documentation of all interactions and issues.
Can a cash-for-keys agreement be written off on taxes?
Yes, cash-for-keys expenses can typically be written off as they are considered part of the costs of managing your rental property. Always consult with your accountant to ensure proper documentation and compliance with tax laws.
How do I verify landlord references when screening tenants?
When verifying landlord references, ask for detailed information and cross-check it with other sources. Look for consistency in their stories and verify the landlord’s identity to ensure the reference is legitimate. Keep in mind that landlords trying to get rid of a tenant might provide a favorable reference to expedite their departure.
What steps should I take if my tenant hasn’t paid rent in a month?
If your tenant hasn’t paid rent in a month and has a history of late payments, you should start by talking to them informally to understand the situation. If this doesn’t resolve the issue, consider issuing a pay or quit notice, which gives them a set period to pay the rent or vacate the property. If necessary, you can escalate to filing for eviction.
What should I do if my tenant is still in the property after the eviction date set by the court?
If your tenant remains in the property after the court-set eviction date, you should contact your local sheriff to schedule the physical eviction. The sheriff will ensure that the tenant leaves and will oversee the process to maintain order.
Are eviction costs tax-deductible?
Yes, most costs associated with evictions, such as court fees, legal fees, and expenses related to removing the tenant’s belongings, are tax-deductible as business expenses. However, lost rent is not deductible unless you use the accrual accounting method and report it as bad debt.
Can I evict a tenant for smoking if it’s legal in my state?
Yes, you can evict a tenant for smoking if your lease agreement explicitly prohibits smoking on the property, regardless of state laws. Ensure your lease includes clear terms about smoking to enforce this rule legally.
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