Is eviction your immediate solution when you have a tenant who isn’t paying rent?
Evictions are absolutely necessary when you have a just cause. If tenants are behind on rent and unwilling to catch up or communicate with you, it’s often the only way. If lease violations are not corrected despite your notices, you might have to go to court.
As property management experts who understand the eviction process but work very hard to avoid it, we have some prevention strategies for Sonoma County rental property owners.
Quick Overview:
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Preventative Measures: Solid Tenant Screening and Good Tenant Relationships
To effectively prevent evictions, it’s important to avoid late payments, deter lease violations, and make sure lease expectations are understood.
This requires a high-quality, responsible tenant. The tenant screening process is important when it comes to avoiding evictions. Here’s what to incorporate into your screening process to ensure you’re less likely to face eviction:
- Establish Consistent Rental Criteria
Before you can begin to screen applications or approve tenants, you need to establish your standards for a well-qualified tenant. These standards must be used to screen every applicant. Put them in writing and provide them to all potential tenants before they apply, and have them initial the rental process standards. Your criteria can include what you’re looking for in terms of credit, income, and background. One part of your criteria should be no prior evictions. Choose an applicant who does not have a history of being removed from rental property.
Awareness of fair housing and California rental laws is essential. New screening laws require Sonoma County rental property owners to approve the first tenant who meets their criteria when application fees are collected. This makes the criteria especially relevant and important.
- Screen for Financial Stability
To avoid eviction, you need a tenant who has the ability to pay your rent on time every month. Most of us in property management require that a tenant earn at least three times the monthly rent. It’s also important to review credit. Look for outstanding debts to former landlords, utility companies, or apartment buildings, which is not a good sign
- Gather Rental References
Understanding a tenant’s rental history will give you a good idea of how that tenant will perform in the future. Talk to current and former landlords. This may seem time-consuming, but it’s worth your phone calls and emails asking if the tenant paid rent on time, and if there was any property damage left behind.
A good rule is to require two years of current and two years of previous rental references, and the dates are continuous
Tenant relationships are just as important when it comes to avoiding eviction.
When you and your tenant respect one another and get along well, there’s less chance that they’ll give you a reason to evict. You won’t continuously reach out to return phone calls. Invest in a good relationship, and work hard to be a landlord that they can trust.
Establish a Rent Collection Policy and Enforce It
Nonpayment of rent is the most common reason that landlords end up evicting a tenant. We recommend that a strong rent collection policy be included in your lease. This should establish:
- When rent is due
- How much rent is due
- What your grace period is
- Establish a late fee
- What are the consequences of late rent might be.
We also recommend allowing for online rental payments. That kind of ease and convenience cuts down on late and missing rental payments. We can provide that easily because of our property management software and our investment in technology. Tenants can pay online, schedule advance or recurring payments, and store their payment information.
When Rent is Late, or Problems Persist: Managing Sonoma County Tenants and Preventing Eviction
A majority of residents are evicted because they stop paying rent. So, what can you do if your tenant has not paid rent and the grace period has passed, and they have not responded to your phone calls, messages, or emails? Before serving them a 3-day Notice to Pay Rent or Quit check with your local and state tenant protection laws
You can go straight to the eviction process, or you can try to work something out. Here are some of the best ways to work something out and avoid what can be an expensive, time-consuming, and disruptive eviction process:
- Set Up a Payment Arrangement or Agreement
Following your rent collection policy consistently is important to ensure rent comes in on time. However, if the late rent is simply a matter of the otherwise responsible tenant not having the full payment amount yet, try to work something out. Perhaps they can pay half now and half in two weeks.
When your tenant is willing to communicate openly with you about what’s going on, and you feel good about their ability to continue paying rent, agreeing to a payment arrangement can be a benefit for both parties.
Always put the agreement in writing. Be specific about how much is being paid now and when the rest of the payments will be made. Include dates of those committed payments to be made. Note in the payment agreement that if any payments are missed, you will take the necessary steps to avoid the eviction. Sign the agreement and follow up with your tenants as payments are due until they are completely caught up.
- Decide on a Move Out Strategy
It’s possible that a payment arrangement won’t work. If the tenant simply cannot come up with the money, you might both agree that the tenant needs to move out. You can facilitate this without an eviction.
Canceling the lease agreement can be painful. But, if you let them out of their obligation, you can save a month or two of rent that you know won’t be coming in with that tenant in place. And, you both avoid an eviction. Why go through the expense and frustration of eviction if you and your tenant are willing to part ways amicably? You can agree on a move-out date (even if it’s less than the 30-day notice period) and immediately begin getting the property ready to re-rent.
We know this isn’t ideal, especially when the ultimate goal is to keep the tenant in place at least until the end of the lease term. But it’s actually more cost-effective and less stressful for everyone than a drawn-out court process.
Start the Eviction Process Even While Working on a Resolution
Even if you’re establishing a payment agreement or working with your tenants to get the rent paid, you want to protect yourself and hold onto your right to evict.
Here’s the process to follow, just in case. Make sure your tenants know that you’re not planning to evict them, and you still want to work things out. Help them understand that these protections are in place for you in case the rent does not ultimately get paid.
An eviction in California usually begins with a notice. Generally, a three-day notice is given for just cause evictions, such as the tenant not paying rent. When counting the days for a three-day Notice, exclude weekends and holidays. Check with your local and state tenant protection laws to be in compliance.
Tenants are not required to leave when this notice is served, and they probably know that. If you’re in communication, remind them that the notice is for your protection and to keep things on track in case the agreement is not respected.
Benefits of Preventing Evictions in Sonoma County
Preventing evictions offers numerous advantages for both rental property owners and tenants. For you, avoiding the eviction process saves time and money associated with legal proceedings, court fees, and potential damage costs incurred by vacant properties. Maintaining long-term tenants through effective prevention strategies reduces turnover rates and minimizes the expenses tied to advertising and preparing a property for new occupants.
For tenants, eviction prevention ensures housing stability, allowing individuals and families to remain in their homes without the stress of displacement. Staying in a familiar environment supports community ties and promotes a supportive network, which can be important in times of financial or personal difficulty.
Overall, proactive eviction prevention strengthens the landlord-tenant relationship, allowing a cooperative atmosphere marked by open communication and mutual respect. This collaboration not only benefits the immediate parties involved but can also contribute to broader community stability and better housing outcomes.
There are a lot of variables in the eviction process. That’s why it’s so important to try and avoid it.
Work with your tenants when you believe rent can eventually be paid. Have a serious conversation about canceling the lease agreement if they believe they’ll never be able to catch up. And if you’re not sure what to do, get some professional help.
Eviction does not have to be an end result, even when a resident isn’t paying rent. Let’s find another solution. Contact us at D & G Equity Management for expert guidance and Sonoma County property management support.
