Should I Evict Tenant?

[Justin Wheeler]

I bought a duplex almost a year ago, house hacking. My tenant is currently living on a month to month lease. She currently lost her job and wasn't able to pay her rent out of pocket. However, a non-profit organization has mailed a check to pay her rent plus late fees. Should I replace my tenant or not with her currently not having a job? Justin

[Marcia Maynard]

Not at this point. Saving a tenancy often works better than forcing an eviction. Evictions are stressful, time consuming and costly. Turnovers will further drain your budget (both of money and time).

Meet with the tenant and find out what her prospects are for the future. Non-profit agencies may be able to provide temporary relief, but generally for only one or two months. What other resources does she have? Will she be able to continue to afford to rent the unit and pay for utilities? Does she live alone, or could she get a roommate to help with the costs? How about a guarantor? 

Since rent was not paid on time, check on the utilities. Often utility payments are paid late or missed, prior to rent being paid late or missed.

If it looks like she won't be able to pay for rent and utilities going forward, then it would be time to talk with her about a move-out plan. A move-out plan works better than an eviction if the tenant is cooperative and likely to follow-through on their word. If the tenant and you agree upon a move-out plan, then the tenant will need to present you with a Notice to Vacate which will indicate a specific date by which she will voluntarily move out.

Continue to enforce the terms of the rental agreement, but you can be flexible too if the situation warrants it. Job changes and job loss are a part of life and not uncommon. What a person does about it is important. Did the tenant notify you in advance that she lost her job and would not be able to pay rent on time? Is the tenant current with her rent now and complying with the other terms of her rental agreement? Is the tenant respectful and cooperative?

The key is to be firm and fair. Polite and professional. Quick to respond appropriately to the dynamics of a tenancy and considerate of the needs of everyone involved.