What To Do With Overstaying Tenants

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Evicting tenants is not only stressful for the tenants alone. It can also cause stress to the landlords. Imagine the relief of filling a vacancy and looking forward to months, or even years, of stable income only to find out that the tenant got worse as time passed.

If the landlord is lucky enough, they will stay consistently good until the end of their lease. Unfortunately, some tenants will change throughout their stay. They might neglect payments or cause problems that will force the landlord to evict them. That’s not even the worst part. The worst part is when they overstay even after the court approves the eviction.

If the evicted tenant overstays, it will bring a whole round of problems to the landlord. He will not be able to immediately begin looking for new tenants because he has to make sure that the old ones leave. The longer they overstay, the more income the landlord loses. How does a landlord handle this situation?

Part of your role as a real estate agent is to help the landlord find good tenants. But how will you find new tenants if the old ones are still there? In this situation, you might be able to help the landlord.

• Reasons a tenant overstays

An overstaying can have a lot of reasons why they did what they did. It is vital to identify the exact motive because it will become easier to find the right solution. Why do tenants overstay even if there is a court-issued document requiring them to leave? Here are some common ones:
• They disagree with the decision and are willing to fight in court.
• They have not found a new property to rent.
• They are furious with the decision.
• They need additional time to move.
• They simply don’t care.

Although you sympathize with their situation, the landlord should think about the disadvantages it will bring. These tenants have been given notices and multiple chances to address their mistakes but were unable to do it. For the business to thrive, there are difficult decisions to make, including evicting tenants.

After identifying the specific reason why the tenant has overstayed, one can then identify a solution. Here are some of it:

Reason: They disagree with the decision and are willing to fight in court.

At this point, the tenants may be in denial about being evicted and are not willing to give up yet. The landlord has to stretch his patience and talk to the tenant. That’s the first thing to do, talk to them because he may be able to convince them to change their minds. They can discuss the reason again, and the landlord can show them proof of the notices given, how many chances they had, and how long it has been going on.

If they decide to appeal their case to the court, the process will take longer, and it will automatically put the eviction on hold. That means the landlord will be unable to vacate the property and find new tenants. The landlord can try to work out a compromise but there is no guarantee that it will work. The other option is for him to hire a lawyer and try to win against the tenant.

Reason: They need additional time to move.

Some tenants will find it much harder to move compared to others. Examples are families with elderly people living with them, families with children, etc. The court can declare a time frame wherein they will be allowed to stay longer than what was required. The landlord must respect the court’s decision, or he can request an appeal.

Reason: The tenants do not care and are ignoring the court’s decision.

Unfortunately, some people do not respect the law and think they are above it. For these tenants, it is best to let the local authorities handle them. They can help the landlord force the tenant to leave. He must immediately change the locks to gain custody of his property.

Landlords must always go through the process with a witness and to follow correct protocol because there are legalities to take into consideration. They should also orient themselves on the state laws about eviction and overstaying tenants because it can differ.

Once the tenant finally leaves, you can start filling in the vacancy by putting up a listing on Padleads. Highlight the best features and add high-quality photos of the property so that you will attract more home hunters.

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