Dealing with a problem tenant can feel like a nightmare where you’re one step away from either evicting them or losing your mind. While eviction is always an option, it’s not the easiest route. Still, it’s often the right move. The problem is that even when an eviction is justified, a tenant can file a lawsuit against you and you’ll have no choice but to defend yourself in court.
Here’s how to handle problem tenants in a way that reduces the chance of a lawsuit.
1. Hand it over to a professional property manager
When you’re not used to handling difficult tenants, it can push you over the edge. If you find yourself getting emotionally triggered or tempted to argue with a problematic tenant, that’s your sign to hand it all over to a pro.
Delegating communications and interactions with difficult tenants is a smart move. For example, Green Residential, a full-service Apartment Property Management in Houston, helps Texas landlords navigate difficult tenant situations. Their team handles everything from issuing complaint notices to late rent follow-ups and initiating evictions when necessary, all while remaining legally compliant.
Property managers are experts at reducing emotional conflict, preventing retaliatory claims, and documenting everything just in case. If you don’t already have a property manager, it’s highly recommended to reduce the risk of legal problems.
2. Offer cash for keys
If your tenant is giving you a hard time, you want them out, and you’re not looking forward to battling them with an eviction, offer them cash for keys. Yes, it’s going to cost you some money, but it will save you headaches and possibly prevent property damage. It’s a good way to get a tenant out quickly and avoid the eviction process. Here’s how it works:
- You offer to pay your tenant a lump sum of cash to vacate the property
- If the tenant agrees, you create a contract with the date they must vacate
- Once they vacate, you give them the cash
More often than not, tenants are willing to accept this type of agreement, especially if they can’t afford rent. It can be a win-win for you and your tenant. Evictions can cost between $4k and $7k, and are time-consuming. If you offer your tenant $3,000 to vacate, you’ll be ahead of the game financially and you won’t have to go through the eviction process.
3. Establish clear lease policies
While it might be too late for existing tenants, you can handle problem tenants better in the future by creating clear lease policies that spell everything out. For example, explain what constitutes noise, property damage, unauthorized pets, and late rent. Don’t just say “quiet hours are from 10pm-8am.” List the activities that are considered a violation of quiet time, like loud music and TVs, vacuuming, running the dishwasher or washer and dryer, etc. Vagueness is just an invitation for a dispute.
With a solid lease containing clearly defined policies and consequences for violations, you can enforce your policies confidently as violations occur. A problem tenant might still take you to court, but they’ll be held to the standards of the lease they signed.
4. Document everything from day one
Create a paper trail for everything that happens with your tenants, even before you think someone might become a problem. Sometimes it takes a while for patterns to show up, and what seems innocent today can turn into a problem next month.
Record all communications with your tenants. To make it easy, keep everything in writing through email. If you have any verbal conversations, take notes immediately after (or even during) the conversation to avoid the “he said, she said” disputes.
Keep a log of all maintenance requests and repairs completed. Track response timelines, including communications for appointment times and when work is completed. Where the property condition is concerned, document everything in detail with dates and photos so you can prove damages later on if needed.
5. Use non-eviction interventions first
Don’t make an eviction lawsuit your first step. Try communicating first. Sending a friendly text or email can resolve issues without escalation. Some problem tenants respond well to polite requests, especially if they don’t want to be evicted. If that doesn’t work, issue a formal, written notice outlining the issue, the remedy, and the next step. Making eviction your last resort can avoid legal costs, retaliation, and vacancies.
6. Take control of your tenant issues (legally)
Managing problematic tenants doesn’t have to mean filing lawsuits or engaging in eviction drama. With a solid lease verified by a lawyer, detailed documentation, and swift interventions, you can protect your property and your peace of mind.