Before You Evict:
Alternatives to Eviction
This article explores alternatives to eviction that property owners can consider to prevent costly and time-consuming legal
action. Special thanks to TAA’s 2019-2020 President Mark Hurley for his contributions to this article.
WHY PROPERTY OWNERS MIGHT WANT TO AVOID EVICTIONS
Rental property owners are in business to put people into homes—and ideally, keep them there. While eviction may be a last resort,
many property owners are taking steps to try to avoid evictions when possible.
Why? Cost is one reason. According to Transunion, the average eviction costs a property owner approximately $3,500. Evictions also:
• Stress employees
• Cause adversity in the community
• Lead to bad publicity and sometimes viral negativity in the age of social media
• Cause vacancy, and
• Result in additional turnover costs, since make-ready after eviction is often much worse than a “natural” make-ready.
WHAT CAN YOU DO TO HELP AVOID EVICTION?
Many communities are taking practical, and sometimes creative, steps in advance to prevent evictions, including open communication
with residents when a situation arises. Ask questions like:
• What are the circumstances behind the situation?
• Does the resident want to pay sums owed?
• Can they pay the sums due? If not, the property owner may want to agree to let the resident vacate before pursuing eviction.
• Can an Eviction Holdoff Agreement be executed to develop a payment plan?
In addition to these options, some property owners might want to consider:
• Developing a list of resident relief organizations in their area to assist residents
• Assisting residents in need with paperwork to apply for assistance
• Helping residents look for job opportunities, possibly even on property
• Waiving eviction costs and other fees, and just focusing on the rent charges
• Returning security deposits as a “loan” of sorts to help get residents through hard times, and
• Breaking out monthly rent payments according to the resident’s paycheck schedule.
REMEMBER: FILINGS DO NOT EQUAL AN EVICTION
Eviction may seem to be the easiest solution in some circumstances, but the process is time-consuming and subject to sometimes
unpredictable delays. In cases of non-payment of rent, holdover at the end of the lease term or conduct prohibited by the agreement,
such as damage to property or impinging on the rights of their neighbors, Notices to Vacate can be given to advise residents that their
right to possession has been terminated. At this stage, eviction can still be prevented—and you may wish to do so.
Within a certain number of days, if not cured, an eviction petition is filed, and the owner pays a filing fee. Days later, a resident is then
served with a notice of the eviction lawsuit. THIS IN ITSELF IS NOT AN EVICTION. Most filings do not result in eviction, and in fact:
• The resident still has weeks to cure
• The resident may vacate prior to court
• The judge may give the resident more time
• Court mediation may be urged
• It could go to appeal in county court, and
• Attorneys generally will try to get the rent paid and the case dismissed.
Ultimately, evictions are a symptom of greater problems, and property owners can consider working with their residents as an
alternative to pursuing costly and time-consuming legal action under certain circumstances.
www.saaaonline.org | JUNE 2020 SPECIAL EDITION 23