Understanding the True Cost of Eviction
The relationship between the landlord and the tenant is balanced on a very thin thread of hope and fate. If you happen to trespass that thread of hope by an inch on either side, you will see this relation blow away in the form of fine dust particles.
In a recent survey conducted by data professionals to see just what leads to the fallout between tenants and landlord, it was found that 84 percent of landlords believed that payment issues lead to the deterioration of relationship and ultimate eviction. This just goes to prove how important it is for both tenant and landlord to have an important payment relationship with each other.
The eviction process, regardless of the reasons behind it that led to this end, can be quite lengthy and extensive. Not only does the eviction process require you to get all relevant documents from the court, but it also requires you to be present in hearings and spend quite a lot of money on legal fees. While eviction costs are high, they might see even more expensive to you, considering that the costs could have been averted had you followed a more stringent screening method while allowing the tenant to come into your property.
The Process of Eviction
Before we begin to disclose just how much it would cost for you to evict a tenant from your property, we would first take some time out to see the entire process that you would have to go through for the eviction to happen. Evicting someone from your property can require quite a lot of legal documentation, along with legal fees as well. This entire process is troublesome and can prove to be a hassle if not dealt with the right way.
Once you sign a lease agreement with a tenant, you allow them to stay inside your property as part of the rental agreement. The level of screening you carry out on the renter lie at your own behest. If you want to be sure that you allow the best tenant to stay inside your home, then you should have a stringent screening process.
By a stringent screening process we mean that you should take extra precaution into judging just who you allow to rent your premises. If the person is in line with the expectations that you have, then there is no harm in the entire process. However, if you don’t run a stringent check on the person that is moving inside the home, then you can regret the repercussions of eviction down the line.
Now, when the tenant has moved in to your home, you would start experiencing problems with them. Since you haven’t screened them in a manner that is best for the job, you will start seeing a different side of them come out. Not only would they be breaking the rules present in your lease agreement but they also could be spurring up legal issues and other payment problems.
Ideally, you would want whatever problems you have with your tenant to be discussed in a rational manner through discourse before you send them an eviction notice. If your tenant is unable to pay the rental fees for a couple of months on time, then you would want to sit down with them and discuss the different payment plans that you are better off following. You can also give them sincere recommendations as to what is the best way forward.
However, even if the problem doesn’t resolve after the given advice, then you have to take stringent action. You should wait a couple of weeks to see how the tenant is responding to the advice that you have given to them. If they react well to the advice then there is no need for you to pursue eviction, however if they don’t react well, then you have every reason to pursue eviction against the said tenant, because they aren’t following the protocols that you would have in certain states.
If whatever problem you had with your tenant remains unresolved, then the court will be involved, and they will summon the tenant of your home to the court. The tenant will have the right to respond either through an answer or by waiting for the hearing. If they feel that they have been dealt with unfairly, they can immediately pen down their answer and hand it over to the relevant authority.
In case the proceedings go into the court of law, then both of you will have opportunity to present and defend your case. Now, since the proceedings are in the court of law, there are two possible outcomes that you can reach from here. You could either win the case or your tenant could win the case. Both the outcomes are entirely possible and you can see which one comes out to be in favor of which party.
If you end up winning the case, then your tenant will be asked or rather forced to leave your residence. The judge may follow their judgment in your favor by writing down known in some areas as a Warrant of eviction or an eviction judgement for plaintiff, which will give you the right to evict your tenant from your property. Your tenant could either voluntarily follow this order or leave, or they could show resistance and be asked to leave by a legal enforcement officer. While the state you reside in might have specific laws regarding this, the opinion across the United States is that your tenant may then also have to pay the legal and attorney fees that you had to undergo as part of this entire process.
If your tenant happens to win these proceedings, then they will have the right to ask you about the payment that they spent in lieu of the court proceedings. You may have to pay them the relevant legal fees and also allow them to remain present inside of your home. The outcome if it comes in favor of your tenant would be a big blow for you in the long run.
Knowing the process for eviction, we can now head on to study the costs of eviction and eviction service costs and just how they can impact you. When you go for evicting your tenant from your property, you do not just have to pay for the cost of eviction, but also have to bear all of the other expenses that are involved here. These expenses can be broken down into the following heads:
Evicting a tenant from your home is no mean feat and cannot be done without the presence of a legal expert. In most cases you would need the services of an attorney or lawyer to fight your case and to make sure that the tenant is evicted from your home.
The legal processes required for eviction can be complex, and it is helpful that you have some legal aid present with you to help you out through the entire process. Also, the paperwork you submit as part of the entire eviction process should be spot on without any missing information or containing errors.
When you’re looking to evict a tenant from your home, you must prepare hundreds of dollars to giving to the attorney you have hired. Attorneys can either charge a one-time fee or can charge you on the basis of the hourly input they put in.
A low-end case of eviction will require you to pay fees to an attorney or an otherwise authorized appointed agent for the owner if permitted by State.
Your legal costs should not be over at what you pay your attorney. You also have to pay court costs, which can change on the basis of the state that you reside in. The court costs include the cost of eviction notice for making sure that all documents are presented and the legal framework is followed.
The costs of the court can vary from state to state, but it is necessary that you study your options in detail beforehand.
Besides the legal fees that you incur, the rent you lose also has an important role to play in increasing the cost to evict a tenant. If you are looking to evict a tenant from your property, you would have accrued rent to pay to receive from the tenant. If the process continues for over 2 to 3 months, you can expect unpaid rent for over 2 to 3 months.
If your rental income is an important part of your total income, then you would have to go through a lean patch in between. During this lean patch you will have to undergo a serious bump to your total income, as you wouldn’t have your rental income flowing in.
If the case comes in your favor, you will also have to compound in for the added costs of turning over the unit to someone else. You will now have to advertise the unit yet again and look for a suitable buyer all over again. The suitable tenant would contact you and take your time. All of these costs are troublesome. In short, it is calculated that the lost rent, included with the average cost of finding a new tenant can cost you over $2,500 in the average American property.
Property Turnover Costs
As we have mentioned above, when you evict a tenant, you also have to undergo serious property turnover costs. These costs can include the monthly mortgage payment and your payment to the Home Owner’s Association. You will also have to advertise your property again and see if you can get a decent buyer this time around for the property you are putting up on advertisement. The property turnover costs you experience can cost you some $1,750 estimated on average.
Your tenant could have inflicted some hidden property damage as well to get back at you for not allowing them to live inside your house. You have to take care of these property damages for ensuring that you don’t have to pay extensively for property repair or cleaning. In short, costs are estimated around $250 or more for a cleaner and a locksmith.
You can calculate all of the costs that we mentioned above to find out just how much it would cost you to evict a tenant from your home. In the end the costs can be too high for an average landlord to manage.
Screen your Tenant
Rather than incurring well over $3,000 for evicting a tenant that doesn’t meet your requirements, we would recommend you to get in touch with a screening service or a licensed property manager that can help you screen all tenants for suitability before they come in. You will have to pay a lot less for screening your tenant, and would also have your peace of mind intact during the entire process.
Disclaimer: https://www.bpcs-law.com/paralegal-services is not an attorney’s office. Information contained herein is never intended as legal information or advice.
Contact BPCS LAW EVICTONS to obtain information from one of our licensed Attorneys.
9107 Wilshire Blvd., Suite 450, Beverly Hills, Ca 90210
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