Evicting a tenant is often an expensive but necessary process. Filing the paperwork alone can cost you a few hundred dollars. Then there's the expense of hiring a lawyer and going without rent for multiple months.
The best way to avoid this loss of income is if a tenant agrees to leave of their own volition. If you don't have to spend time on an eviction, then you can invest that time into finding a new tenant. However, you may ask, "Can I get a tenant to leave voluntarily?"
Here are some tenant eviction tips and how to approach this subject with them.
Rights as a Landlord
Before you even begin renting out your property, it's important to know your rights as a landlord. Familiarize yourself with local landlord-tenant laws, especially those regarding lease terminations.
For example, landlords should provide a written notice to the tenant before confronting them about any official matter. You cannot ask a tenant to leave because of reported code violations or withheld rent. Respect the lease agreement, even if the renter does not.
Resolve Tenant Disputes
Next, try to resolve the tenant dispute before asking them to leave or starting the eviction process. It's better to avoid termination if they can correct their behavior.
Someone who plays loud music can switch to headphones. If they pay rent late, then you may persuade them to pay on time.
This method will not work if the tenant refuses to budge. It's possible they have a pet who causes problems, but they won't give it away. In that case, you may need to ask if they would rather leave.
Can I Get a Tenant to Leave Voluntarily?
Voluntary lease termination is an option that tenants and landlords can consider. It can save both parties time and money and avoid the eviction process. Securing new tenants quickly can also reduce potential revenue loss for landlords.
Some tenant negotiation strategies include offering financial or practical incentives such as cash for keys or forgiving back rent.
Formalize the agreement in writing. The agreement should include information such as:
- The agreed move-out date
- Any financial incentives offered
- Confirmation that both parties waive further claims against each other
- Signatures
If Negotiation Fails
If you cannot persuade a tenant to leave of their own volition, you may need to proceed with the formal eviction process. Consult with a property management attorney to ensure compliance with local laws. Do not try to rush the process.
It may help your case if you've communicated with your tenant in advance about voluntary termination.
Property Management Advice and More
Can I get a tenant to leave voluntarily? The answer is yes, but it all depends on how you communicate with them. There is no strict legal proceeding for voluntary termination, but it's often a better alternative to going through the eviction process.
PMI American River provides property management services in the Sacramento area. We are part of an almost 20-year-old franchise that has helped shape the industry. Reach out today with any questions and to schedule a consultation.
