Every landlord who has had to evict a tenant knows how difficult the eviction process can be for all parties involved. Nobody wants to deal with these situations on either side of the conflict.
Unfortunately, sometimes evictions are necessary, and it’s up to you to handle them correctly. Whether it's unpaid rent or other lease violations, a landlord must get through layers of red tape to finalize the eviction process. Fortunately, there are ways to prevent it before it can happen, and here are a few tips.
A Landlord's Guide to Prevent Evictions
Create a Comprehensive Lease Agreement
Ensure your lease agreements are clear and comprehensive. You should aim to protect both your tenants and your interests equally. Cover all the rules you want your tenants to follow, as well as the consequences they will incur if they violate the terms such as late fees if they fail to pay rent on time.
Regular Inspections
Conduct regular inspections of your rental property to determine whether there are maintenance issues to address before they get worse. Not only will this make a habitable environment for your tenant, but you will also provide a chance for your tenant to resolve the problem early.
Issue a Written Notice
The eviction process starts with a notice explaining why they are being evicted. This notice should be given 14 days prior as per Tennessee law. Failure to do so may lead to an eviction lawsuit, which can rack up court costs. A notice will also provide tenants with a grace period to resolve violations and avoid eviction.
Effective Communication
Being consistently open and respectful with your renters can establish a good landlord-tenant relationship, and they will be able to communicate what they need such as repair requests or grace periods for late payment.
By creating a rapport with your tenant, you can notify them and explain what they need to fix without it reaching a court dispute. You can establish a good reputation for your business when prospective tenants know you can handle tenancy mediation before filing for eviction.
Suggesting Emergency Rental Assistance
Tennessee has an emergency rental/housing assistance program for tenants who are facing eviction. Eligible tenants can have emergency access to housing assistance for overdue rent and late fees, and landlords may suggest that route to provide tenants with eviction protections while they get back on their feet.
According to the Department of Housing and Urban Development, the President's 2025 budget for the Housing Choice Voucher program has increased to $32.8 billion in discretionary government funding for assisted families, and there's a chance your tenant can petition for emergency housing assistance.
Considering Professional Property Management
Property managers have the expertise and resources to manage your property from marketing your rentals to handling the eviction process. Green Tree Property Management, for example, conducts an extensive tenant screening process that covers:
- Credit Checks
- Employment Verification
- Debt-to-Income Ratio
- Eviction History
- Criminal History
- Talk to Previous Landlords
These criteria will ensure that landlords will get likely tenants to follow the rules and avoid eviction. Property management companies will also be in charge of handling notices and offering free legal advice regarding local and state laws about eviction.
Preparing for an Eviction Process
If preventive measures are not enough to avoid the eviction process, you need to be prepared for the procedure and documentation that it requires.
Review Your Lease Agreement
Take a quick browse through the tenant's lease to pinpoint which lease violations are set as the reason for eviction. Not being able to do so can be grounds for an eviction suit, which will cost you more money in court than losing a tenant.
You may hire a lawyer to review the lease agreement and they can also answer any legal questions you might have about what you can and can't do in court when you evict a tenant. Landlords who comply with the law will rarely have any issues with the process.
Serve an Eviction Notice
The eviction process isn’t valid when you fail to issue a notice to the tenant as it is required by the law. Landlords should mention why a notice was filed and list the violations the tenant made to justify the eviction.
Anticipate an Eviction Suit
Landlords should always be prepared for a potential lawsuit coming your way. Gather evidence that will justify why you're evicting the tenant before the court date such as failure to pay back rent, and make sure to put them in writing.
You also need to hire an attorney for legal representation or a property management company that knows the appropriate state or housing laws, as an attorney-client relationship will help you get the court judgment you're hoping for. You'll also have to be prepared for the costs you'll be paying.
Look for New Tenants
Evictions are hard not only because of the visit to courts and having to pay for legal counsel, but landlords also have to deal with having to lose a tenant. A property manager can handle the marketing aspect of finding new renters to ensure that your income won't be affected for long.
Landlords can hire professional services to take photos of the property for the online listing. The better the photos look, the more inclined a tenant will be to lease your rental or provide referrals.
Eviction Process FAQs
What are the grounds for eviction?
While that depends on the rental agreement you had your tenant sign, many landlords consider nonpayment of rent, excessive noise complaints, illegal activities, domestic violence, and failure to maintain the property as grounds for an eviction case.
What do I do after the eviction is approved?
There are a couple of things to take care of. Companies like Green Tree Property Management offer services for the necessary steps such as recovery of the possession of the property in the owner's name, and recovery of the certain amount due for rent.
What if the tenant refuses to leave the rental?
If the tenant refuses to leave even after being evicted as approved by a judge in a hearing, the landlord can involve law enforcement like the sheriff to respond to the eviction.
When should I file a notice?
You should file a notice the moment a violation occurs such as failure to pay rent. You can retract the notice once renters fix the issue by making the appropriate payments. Include your contact information in writing in case they have questions or need assistance regarding the housing issue.
What do I do about the security deposit?
Landlords are legally required to return the security deposit within 30 days after evictions take place, although the tenant may request to withdraw it earlier within the 30-day window. You can still deduct the costs such as amounts dues, but be sure to provide an itemized list of the resources and services you spent them on.
What a Property Manager Can Do to Help
Green Tree Property Management offers services that can handle day-to-day operations as well as other tasks like evictions, as well as making sure you get paid what you are owed. You can consult with us and we can go over how we can safeguard your property.
