The secret to quick evictions. The other night I took a call that has been happening all too often lately. It was not a landlord, but a random tenant. Her voice was crackling, emotions were high, she felt powerless to what was happening. She put her boyfriend on the phone and I attempted to grasp what led to this call. From what I could gather there was an altercation earlier in the week between the boyfriend (unauthorized tenant) and the landlord (who may actually be a property manager, not the owner).
This led to police being called and the landlord asking them to leave. That escalated to the “landlord” enlisting the services of one of the other tenants in the building to get them out by whatever means necessary.
This included threats, intimidation, personal verbal attacks / insults both in person and by text, shutting off water etc. They were told if they did not leave they would be forcefully removed, and of course in this time of near zero vacancy they had not place to go.
I asked about the lease, they admitted to having one and were aware of their violations. The lease was in the girlfriends name, and she moved in her boyfriend. She stated they both have some mental illness challenges, so they sometimes fight quite loudly. It sounded like the apartment was quite run down. The boyfriend mentioned how he has been vocal to the landlord about the deficiencies in the building.
The landlord VS tenant relationship appeared to have deteritated to a point of no return.
I asked about what paperwork was provided for the eviction and they said at no point were they served any paperwork. Not even a 5 day notice for violence.
So, lets circle back to the beginning and answer the question. What is the secret to quick evictions?
#1 Avoidance – do not get into a situation that requires a quick eviction
#2 Know the rules – As a landlord or property manager we are the pros.
#3 If you are backed into a corner think outside the box
#4 Swallow your pride, bite your tounge, do not say or do anything that will make the situation worse. Focus on the end goal. Do not let emotions take over.
Lets dig a little deeper.
#1 Avoidance – the best way to not have a lengthy eviction is to not have an eviction at all. Tenant screening starts when an ad is placed. You need to be able to place ads with as much information as possible indicating a great match of tenant and rented space without violating any human rights. Then you need a proper screening process. It needs to be thorough and consistent.
I was alarmed recently when I was getting a hair cut. I was talking to the woman cutting my hair, just regular chit chat, she did not know who I was, and was just sharing her story of moving to Halifax for a change of pace. Although there is an extremely low vacancy rate (currently around 1%) she easily secured an apartment (a condo) in a nice area of the city. The screening process involved a meeting and a handshake. At the time she was cutting my hair several months in, a proper lease was never signed. No credit check, no past landlord check, no verification of income check. This landlord just handed over the keys to a condo worth north of 300K along with many of her landlord rights to a random stranger who told an unverified story. Will it work out? Maybe?
Ok, back to screening, when the screening is complete. Find the best lease possible for the situation at hand. One advantage to being a small landlord is that you can likely be more flexible on terms. Many large companies will only do leases with a minimum of one year. Bigger companies are also more policy & process driven when it comes to conditions of the lease.
In my area I use fixed term leases. We usually start with a 6 month fixed term. It creates a win / win for us and the tenant. If for some reason the accommodation does not suit their needs, they can get out after 6 months. Also if they are not working out as a tenant, as a landlord we are not committed for more than 6 months.
Whatever lease you use make sure it complies with local tenancy rules as well as human rights and by-laws or rules in a community or building. In my province of Nova Scotia the government provides a free compliant lease, plus an electronic link for the residential tenancy act.
Then go through the lease thoroughly with your new tenant. Provide them with a copy of the residential rules for your area. Get familiar with your local tenancy laws. Know how to answer questions around roommates, guests, parties, pets, smoking, parking, moisture control, utility responsibilities, heat conservation, garbage, recycling, quiet times, appliance usage, etc. When they move in, do a proper move in inspection. This should be more of an onboarding process. If there is a special requirement for tenants, make sure they know. For example we have a couple of basement apartments that require dehumidifiers to run on a regular basis. If the tenants do not and they leave the curtains closed plus heat on, they will have mold. We make them aware in advance of the move in, so that if they object (has not happened yet) to being diligent enough to use a dehumidifier they can choose not to rent the apartment. In these cases we provide the dehumidifier.
Oh, one other note. If you are dealing with a social service organization (Section 8, welfare, etc.) do not count on them to pick up the tab for lost rent or damages. I do not know of any cases where they have (if you do, please note it in the comments).
#2 Know the rules: When you sign up to be a landlord or property manager, you are expected to know a certain amount about being a landlord or property manager. From what I hear most tenancy boards do not have any tolerance for unorganized landlords or property managers who do not follow or know the tenancy laws in the areas they operate. If you find yourself in a dispute with a tenant, know what you can or cannot say or do. Get educated. Unfortunately or fortunately depending on how you look at it, many areas do not require any education or certification to become a landlord or property manager. In my area anyone can do it. This is great for those wanting to get into the trade, and also bad for tenants and in many cases the overall reputation of landlords due to ignorance. In my home province we have a landlord association I am a member of named IPOANS (Investment Properties Association of Nova Scotia) they not only provide advice, but also education to landlords and property managers.
#3 Think Outside the Box When You Are Backed Into A Corner: I love to negotiate and really believe most problems can be solved with level heads and conversations. Most people just want to be heard. If you give people a voice, you can usually turn a bad situation good. You will want the special concessions I am going to speak about to be the exception, not the rule. The reality is that even if you are an expert at screening and placing tenants, due to the law of averages you will snag a bad one (or one you perceive as bad). This is when you may need to make a side deal. I do want to warn you to keep it legal, ethical and above board. Like don’t show up to make a deal with a bunch of intimidating people and say do this or suffer the consequences. Some will hate me for writing what I am about to write, because they will say it is unfair for the tenants to treat a landlord this way and that the tenants are taking advantage.
This is business. Suck it up and do what is best for your business.
Deals may need to be made before you take ownership of a building, or you may inherit bad tenants or want to do significant upgrades to a unit or change your tenant profile, or a good tenant may turn bad due to a life circumstance like picking up a bad habit such as drugs or gambling, maybe tenants break up or get a divorce, could be a job loss, or maybe even a global pandemic (not that, that would ever happen). All great reasons, and all may require a different approach. Whatever the outcome just remember the situation will pass. I mean yes an eviction process could take months, but unlikely a full year, and never forever. It is important to keep calm and professional. Use the resources available to you. This may include lawyers, police, politicians, even residential tenancy. If you are just as much of a hot head as your tenant you will lose the respect and assistance from all these folks.
Ok, so what are some examples of deals: One time I purchased a tri-plex one of the units smelled so foul I could barley stay in it. I can remember the look on my property managers face as we went through the unit. We met with this tenant and made a deal. We offered the equivalent of two months rent and a full refund of their damage deposit if they agreed to be out in 30 days, plus took all garbage and belongings out of the unit and off the property. The tenant agreed and 30 days later the unit was completely empty so we were able to do an extensive renovation and get it rented out.
On another occasion I offered the tenant a deal where I would give them their damage deposit back and they could leave everything they did not want behind, if they would just leave.
In one case I had a tenant that was not paying rent that had broken up with his girlfriend. To get him out quicker I literally helped him move. Yup, brought my trailer over met up with him and his friends and moved furniture.
I told him anything he did not want I would deal with. At the end of the day I put a bunch of stuff on Facebook Marketplace for free and it all went away.
Other less expensive deals might be just to let someone out of a lease early. I mean if they have lost their ability to pay rent, why hold them captive in a lease they can’t afford.
A friend of mine told me a story about when he was young, him and a friend wanted to rent a fancy apartment. They went and looked at a really nice top floor suite in a new building. The leasing agent agreed to rent it to them. The challenge was the rent was $1200 per month and between the two of them their total take home pay was $1400 per month. There was no way they could afford to live in the apartment and really should not have been approved for a one year lease. They went to the property manager and explained the situation. At first the property manager said too bad, you are locked in a lease, they then said ok, but we are going to have to leave or live in the unit rent free. That is when the property manager said fine. Leave but leave the place spotless.
In recent times we had massive layoffs due to an international pandemic. There was a gap between the layoffs and the flow of government money. This meant some people were short for about a month. I heard from several landlords that instead of getting into a situation of trying to collect back rent, let their tenants skip a month.
There is an old phrase I always think of when making deals: Money talks, bullshit walks.
When you are handing over cash to a tenant that has not paid you rent and is leaving you a huge mess, keep it professional. It is likely the best money you will ever spend.
#4 Swallow your pride, bite your tounge, do not say or do anything that will make the situation worse: I will admit it sucks when you realize you have a tenant that is not going to pay you rent, has a bad attitude and is going to leave your rental unit a mess. What is important as a landlord is to avoid becoming a victim and focus on the end goal. The landlord and property management business can be tough, so it is important to find ways to stay mentally strong. Focus on the objective. In most cases that is a unit that collects a steady rent payment. Although you might be tempted (I know I have been) to try tactics like shutting off power or water, please do not do this. Keep in mind you cannot control what other people say, or do. Especially when you mix in mental illness, drugs, alcohol, poverty and just plain arrogance.
What can you do?
Keep calm and determine the worst case scenario: In my area the process can take from 1 – 6 months. There is one exception of a 5 day special circumstance eviction. That being said it is very seldom that it will take longer. From what I have seen it would be quite common to loose three months rent and be left with a place full of junk furniture, broken window screens, garbage, rotten food, pet fecies, dog chewed door frames, and toilets that need to be replaced due to stains. On the emotional side it is quite typical for a bad tenant to say bad things about you and your property. Mold complaints seem to be the most common.
Remember two things: No matter how bad you feel the situation is, it will pass and karma is a bitch, what goes around comes around (your situation will get better, the bad tenant will just move to the next bad situation).
Use Psychology to your advantage: You can impact how somebody feels about you and the situation. Think about a child who lies about doing something like breaking a glass or making a mess. If you approach the situation with anger and an elevated tone they will deny responsibility, however, if you approach the situation with a calm voice and maybe even say, I never liked that glass anyway, you will get a full confession. It is human nature. You do not have to be insincere. I mean quite honestly if you placed the tenant, you screwed up, so their actions should be expected based on your crappy job. So, you can sincerely say to the tenant I am sorry we are in this situation, how best do you think we should handle it. Call them out, ask if their intent is to play a game to see how long they can live rent free, or is there a solution we can come up with that will work for both parties.
Paperwork: Fill out, file / serve all necessary paperwork to speed up the process. Make sure the paperwork is filed on time. When you deliver the eviction notices, make sure they are delivered in an approved way by residential tenancy. If you are required to attend a hearing, be prepared. Stick to the facts.
After the eviction: Once the eviction takes place. Make sure to review what lead to the eviction. You will need to look in the mirror and be honest with yourself, or if a property manager placed the tenant, you will have to discuss their screening process. It may have been a change in circumstance on the tenants part, so it may not have been possible to predict. You will also need to make a decision on further action. This may include reporting to credit agencies, small claims court, or other civil court action. In many cases it will not be worth the trouble. I mean if you get a court ordered judgement against a poor person with bad credit, you will likely never see a dime anyway.
Then shake it off and find a great tenant.
Until next time,
Design your landlord experience,
Michael P Currie
Landlord by Design
Get our book on property management here!
Photo credit goes to Caleb Oquendo Photography
I always appreciate his fair and professional comments in all his columns.
Thank you again, Mr.Currie,
Harry