Renting a property is all about maximizing returns, true. But what if your tenant becomes a hassle for you? Legally, the tenant has the right to control the rental property during the lease period. While this helps you to collect the rent, it can also become a problem for you if the situation reverses.
To avoid any more trouble, property owners often choose to evict the tenant. Oh but the hassle, legal eviction is dreary for some especially if they do not want to prevail on the issue. There’s one way to avoid legal trouble i.e. self-help evictions.
Case: You found a perfect DHA Multan plot for sale, you built a house and rented the first floor. Soon you find out that tenants are unable to pay rent on time. This is troublesome for a homeowner because of the financial compromise.
Result: to evict the tenant without getting into legal dispute during the lease.
But even then, how does self-eviction work exactly? This blog will help you understand the concept and gives necessary pointers for homeowners.
What is meant by self-help eviction?
Letting the tenant go out of the rental property is a self-help eviction. The landlords take it upon themselves to take care of the situation instead of getting a court order to remove the tenant.
Sometimes landlords also add a clause in a lease agreement to rectify the situation.
Find valid reasons for eviction
Even after adding a specific eviction clause, landowners still require a valid reason for eviction. For instance:
- Violation of lease agreement
- Unable to pay rent on time frequently
- Safety or material violations
- Domestic violence issues with other tenants
- Refusing to evict the rental unit after the lease term ends.
Actions identifying as self-help evictions
Just because a tenant violates the lease agreement or has done something worthy of eviction does not give the landowner freehand. The following actions are fine examples of self-help evictions that will help you further understand.
- Installing new locks without informing tenants.
- Removing or throwing tenants’ belongings from rented property.
- Forcing tenants to move out by eliminating access to utilities.
- Refusing to pay for necessary repairs and maintenance costs of the property.
- Preventing tenants to enter the premises of the rental property.
Some of the landlords go to extremes, like:
- Boarding up the doors and windows
- Removing interior walls
- Damaging rental property to make it unsafe etc.
It may sound extreme, and rightfully so, therefore, doing anything remotely similar to the extreme actions can cause heavy trouble for the landowner.
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Reasons for self-help evictions
1- Rightful property owner
You bought the plot, rightfully, so you are the owner of the house too. However, before getting rid of the tenants (without involving legal authorities), you must understand your rights as a landlord. You have to adhere to laws prevailing in the city.
Therefore, as a landlord you have the following rights:
- Selling rental property
- Renovating your property
- Tenants breaking lease terms
- Ending contract early if all parties in agreement agree
Just because you do not like the tenant doesn’t give you the right to ask them to leave. Honor the contract you made with tenants, but if you want them to evict, it must be purely business, not a personal vendetta.
2- Communicate the reason
When tempted to get tenants to move out on their own, it is important to give clear and sound reasoning. Avoid being subtle or blackmailing them. Instead, tell them the reasons, explaining the ongoing conditions, such as:
- I am planning to make major renovations to the property.
- I plan to sell the property and would prefer to sell it uninhabited.
- Continuous late rents are not working out for you, etc.
Give a direct statement to show reasoning.
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3- Flexible encounters
In some cases, you can offer flexible reasons too. Perhaps the continuous late rent is not formidable, pets are a big no for you, or if you have a family wedding on the way you need the space to adjust your guests.
Whatever reasons you give, try to work with a logical mind so that the future relationship with the particular tenant does not get hurt in any way. Cite a reason or perhaps even tell them if they are not willing to move out as per eviction terms in the lease, as the property owner, you can file an eviction. This may also trigger a positive response from the tenant with an offered solution.