The eviction of a friend or relative is not easy to do. It has to be one of the most difficult lawsuits, if not the most emotionally draining, of all types of evictions. You may be one of the lucky ones who can rent to a friend or relative with no side effects. Still one day, there may come a time when you have to look your friend or family member in the eyes, and ask him or her to leave your apartment.
In the eviction of a relative stranger, even a long-term tenant, the process isn’t personal, just business. The tenant can’t pay the rent, so he has to leave. It’s the end of an association with more or less minimal emotional ties between the tenant and the landlord.
Evicting a friend or relative is one in which sides may be chosen, and lines drawn in the sand. Once the eviction notice has been delivered, do not expect many friends or allies to come to your aid. Depending upon the circumstances of the eviction, you can expect to have your life made miserable by anyone impacted by your decision.
This is because the expectations of a friend or relation are much higher than that of a stranger. If there is a tenancy problem, the expectation is that you will treat the tenant more as a friend or relative than as a financial investment problem. You will be asked to accept less than you normally would for rent arrears, to wait longer for your rent, and to accept behaviors that you would not normally tolerate.
For example, let’s say you need to raise the rent. A rent increase could be perceived as a betrayal of your friendship. Your aunt could think you are taking advantage of her. It doesn’t make sense, but when money is concerned, all bets are off. As far as a friend or relative is concerned, you are in his or her pocket. A belief that you are soaking your tenant for more money that you ‘don’t really need’ could cause your family member to not pay the increase.
Be clear and resolved about why the eviction must take place. Have all of your written documentation in place. Check all of your paperwork, rent cards, letters of warning etc. before you send your notice to quit. Make sure you have a leg to stand on before starting the eviction case. Conduct a due diligence of your property and the legal case.
Hard feelings will sometimes come with the rental and eviction territory. Do not expect to be able to discuss the case calmly with the offended tenant. Do not expect a cool head to prevail over your eviction action. If you evict your nephew, expect your sister or brother to be totally ticked off at you. Your friend may think you are a jerk for evicting her because she parties loudly every weekend, disturbing your other tenants. Your aunt may not come to your aid when your …