What steps to take if a tenant refuses to vacate?

The eviction process has always been difficult for landlords and tenants. There's no problem if the tenants leave the property at first notice. But things go wrong when tenants refuse to vacate. It's your property, and you, as an Owner, have legal rights of this property. But laws of different states and countries had allowed many legal rights to the tenants too. So if a tenant refuses to vacate, we would suggest the following steps. Those steps are offered and executed by the rental management companies in agreement with the owner.

Know the reason

There may be a severe and genuine problems which the tenant is facing so firstly you should know the reason. When there is a reasonable justification, then tenant should be given more time. Reasonable justification varies and depends upon the judgment of the landlords and rent management company. Like, if the tenant has not yet identified another lease house and he has no place to live, then you should consider some extension in the lease term. 

On the other, if the justification is not reasonable, then you should follow the next step.

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Communication

The landlord own the rental properties, and he has legal rights. But before going to the court, it's always a fair way to deal outside the court. So as an Owner or Rent Management company you should communicate with the tenant respectfully. If the tenant can be evicted from a rental property, then there would be a positive result afterwards. It would not affect your goodwill in the market. So, talk to the tenants and ask them to leave the house if the justification isn't reasonable. 

Legal Action 

There's always a lease agreement signed by both parties. And all the legal process depends on that lease agreement. As an Owner you can seek legal advice from a lawyer or if the property is managed by a property management company, such as SANGAU, in Bangalore then they will take the legal action. Lease agreements are prepared under the jurisdiction of local laws or state laws. So following the terms and conditions of the contract there would be some clauses that would be applied to such scenarios. Always follow the legal and legit ways to get tenants out of a rental property. 

Tenancy at will 

When you rent your property without any lease agreement, then this is called a tenancy at will. So, if the communication didn't go well with the tenant and there is no active lease agreement, then discuss with a lawyer such a scenario. There are laws about tenancy at will these should be considered to decide the further course of action. 

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If they are paying rent

At the end of the tenancy agreement, the tenants might want to continue to stay in your rental property. In such cases, Owner should allow them if they are paying monthly rents in a timely manner. Some local laws entitle the landlords to increase the rent in such cases and increase should be discussed to reach an agreement.

Eviction notices

There are usually two types of eviction notices

• Eviction notice with cause 
• Eviction notice without cause

The landlord can send tenants an eviction notice that describes the cause. Like if the tenant is not paying the rent or violating the lease agreement, then the landlord has the right to send him an eviction notice with a cause. 

The landlord can also issue eviction notice without cause. It does not describe any reason for such eviction, but in such cases, the court allows some extra time to tenants. This time can vary from 30-90 days depending upon local laws.

For more details visit our website http://sangau.com/

THE GOOD VS. THE UGLY: POSING THE RIGHT QUESTIONS TO YOUR TENANT

As a property owner, it is important to be well-aware of your tenants’ backgrounds. This information may prove crucial while deciding whether or not the tenant can be trusted, or can be used at a later point during the tenancy if the need arises. Certain questions, however, may be disturbing to the tenant and could be considered as invasion of privacy. Here’s a guide to what questions are ideal to put forward to your potential tenants:

• Headcount: It is important to know how many people are going to be occupying the property. You don’t want ten people cramped up in a two-bedroom apartment—

maintenance becomes harder, and it is not practical.

• Confirmation: Run through all the payments the tenant will have to make, and ensure that they are wellaware of them. Also inform them of the security deposit to be paid once the agreement is signed. 
  
  
• Reason for Shift: Get to know why the potential tenant is looking for a place. This can act as an indirect signal as to whether the tenant has a tendency to turn problematic.
  
  
• Anticipated move-in date: Tenants who seem to be in a hurry to move in need to be dealt with caution. Unless the reason for the sudden shifting is legitimate, potential tenants must be given a minimum of one month to move in.
  
  
• Length of lease: The owner must have an idea of how long the tenant intends to occupy the property – a short-term or a long-term tenancy period.
  
  
• Income/employment status: The ideal income landlords look for in clients is a monthly income that is around or more than 3 times the rent. The potential tenant’s position at their workplace is important to be aware of, because an unsteady job can lead to issues with paying rent on time.
  
  
• Clarifying tenant queries: Make sure the tenant is at ease to inquire about absolutely anything regarding the property. Before signing the deal, clear up any pending doubts, inform them of the payment and slowly help them feel comfortable to communicate whenever they need to.

Tenant management in Bangalore

Pay heed to the nature and content of the response to these questions. A lot of information about the tenant’s behaviour can be easily obtained via the interview. Some of them may really be quite the life-saver for you as an owner. For example, when asked the reason for changing residence, if the potential tenant complains about a troublesome landlord, neighbour or area, it could be a red flag.

Along with this, it is of utmost importance to make sure the following characteristics regarding the tenant are not mentioned while asking questions:

• Disability
• Religion, Caste
• Marital status
• Sexual orientation
• Any other possible protected class-related topics

Demanding answers to such topics can come off as considering the tenant’s position in these categories as a criterion in determining whether to sign them on – simply put: as discrimination.Thus, it requires the owner to be cautious to ask the right yet appropriate questions in order to analyze the tenant’s overall interactivity but at the same time, not intrude their privacy or offend them in any manner. Be patient and observant: any step you take could be a landmine and therefore, it is crucial to plan your way out of the maze beforehand. For more details, visit our website http://sangau.com/

How to retain existing tenants

A vacant property cost money. It is not just the rental income that goes for a toss, there are additional expenses that a owner has to incur. The property has to be advertised and maintained while it is still unoccupied. There are other expenses such as property taxes that need to be paid adding to the cost. When there is no income, these expenses seem like a burden. 

The intent however was to earn income. If the property has been lying vacant after its purchase or if there’s a tenant who is planning to move out, you are faced with the question of how soon the next occupant can be found. But there’s another option. What if the quality tenant can be retained? 

A few action-ables will help reduce the empty periods. 

Retain the tenant if possible. 

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If the property is currently occupied by a tenant who has been great in all respects, it would be a good idea to try and retain them. But as people progress in life, they start planning to buy a house instead of continuing to rent. In such a case, you should start thinking of the next move. But if tenant is still on the fence, it makes a lot of sense for you to do what you can, within reason, to retain them. 

Instead of waiting for the tenant to issue a notice, it is better to do some proactive thinking to retain them. In an effort to retain them it is better to conduct a survey asking a simple question:  What can we do to keep you as a tenant? While it is possible that they may ask you to reduce the rent but you will have definitive responses for that? However, if they ask you to fix something that is wrong or if they ask you to repaint a room or make small changes, it should not be a big deal. Now that you know exactly what will hold them back, it should occur to you that fixing those small things or meeting those requests in most cases will cost less than a vacancy and prep for a new renter.  

Did it occur to you that offering rental incentives to quality tenants to keep them around is one way to reduce the chance of having a vacant property? It could be painting rooms and even making minor repairs that mean something to the tenant. Tenants appreciate living space that is up to date and doesn’t show signs of a lot of wear and tear. 

Use Existing Tenants as a Marketing Tool

Tenant management in Bangalore

Referrals can be a valuable marketing tool. Why not use your current tenants to draw in potential tenants? While offering incentives to retain existing tenants, you can also reward tenants who bring in new renters financially or otherwise. A good landlord offers a quality property and timely response to tenants requests, which in turn ensures that if he asks them to refer the property to others, it would not be a problem to them. Since they like you as a landlord, they will appreciate the idea that you trust them to do something for them. Additionally, they will appreciate the reward. 

The tenant already knows the kind of tenant you are looking for. The condition for the tenant to receive the reward will have to be stipulated. The duration of the lease the prospective renters will need to sign, how long they’ll have to actually be in the property before you reward the incentives, etc.

The easiest “sale” to make is to an existing client. The other way is to use a referral. They can help you as a property owner or as a management company to extend your average length of occupancy and in the end, add more moolah in your pocket! 

The above ideas and more can be had from property management service providers such as SANGAU. They not only provide assistance with day to day property management, but also provide helpful suggestions. Their insight into rental property issues can be handy for someone looking for new tenants. 

Visit www.sangau.com for more details.

Email: enquiry@sangau.com

Call: +91 7816 988 988 / +91 78997 48170