When does a renter need to leave
Property managers on larger properties can be faced with the question of when to require a tenant to leave every month. There’s always some issue, and not just rent payment. There are a few important considerations to take into account with these decisions, and they apply to all tenants, all property sizes. If your property is large, your manager knows how to make these decisions but will want you as owner to agree with their practice. If you have a smaller property or you manage the property yourself, these decisions can be agonizing.
Someone’s life is severely impacted if you need them to leave your property, so of course it is a difficult decision. You have several things to think about, very carefully.
The rules. The tenant agreed to them, signed on to them. Maybe they didn’t read them but that’s not your concern. They didn’t do something they needed to, or they did something they were not allowed to. You have a contract with them so you are allowed to enforce it.
How does what the tenant is doing or not doing impact you as owner of the property. That’s very broad but if you’re thinking of telling them they need to leave, it needs to be a serious issue that you can’t live with. The list of possible violations is long and includes non-payment of rent, not taking care of their unit, not parking their car properly, not allowing the property manage in with proper notice, having people live there who aren’t on the lease, and on and on. Would you tell them to leave because their kid left their bicycle in the courtyard? No probably not, and for several reasons.
First, it’s a minor offence. Second, you have to give them notice of a violation and the opportunity to correct it. And even then, it’s a minor thing. But what if it’s not a bicycle but they used a portable barbecue grill, set it right outside their back door, and left the coals burning when they were done? Again, you tell them it’s a problem, give them a notification, but it happens again. Your insurance almost certainly prohibits that. If you’re discovered, get ready for a higher premium or to be dropped. But mostly you need to hope they don’t cause a fire.
If they represent this kind of a danger to the property, they have to leave. Doesn’t matter if they pay rent on time.
Other tenants. How does this tenant’s violation impact them? I have had many situations where a tenant is just not nice to other tenants. Tenants feel uncomfortable around them, they avoid that tenant, and might even not feel safe around them. It is sometimes hard to identify this type of tenant, but they are poison, detrimental to the community you are trying to build. Again, doesn’t matter if they pay rent on time, they will hurt your property and decimate your growth plans. Just one tenant is all it takes. Stay close to your tenants and invite them to share what they’re seeing on the property. It is always helpful.
What about cleanliness? You do an inspection and their place is a mess. Confirm a few things. Is it a long term mess and the unit has not been cleaned in two years? Dirt piling up in all the edges and corners? Bathrooms look scary? Or is it mainly just some dirty laundry on the floor?
Also ask yourself about their payment record, and what is your own occupancy and financial status? If it’s just dirt and you really need this tenant to stay, maybe you give them a strong request to clean up, remind them of their obligation to keep it clean, and leave it at that, deferring a stay or leave decision until later when occupancy and collections are high.
A few other considerations. Did their job situation change? You should know your local rent assistance programs and agencies. They might not, so help them. Has this violation occurred previously? They’ve been late for rent for several months but have always paid? Are you getting late fees from them every month, or are their late payments more a problem than they’re worth? Maybe you can’t kick them out before their lease ends but when it does you can decline to renew their lease, have them leave now, or just let them transition to month-to-month and continue collecting their late fees.
If they’re harmful or threatening to your other tenants, or to you or your property, that’s easy, they need to leave. Otherwise you might need to take several factors into account.
Whatever practice you choose, document it and implement it consistently.
