Some tenants enter a lease transaction without any intention of complying with the agreement’s terms and conditions. Their main objective is to obtain possession of the property.  Possession triggers a variety of tenant rights, making it time-consuming and expensive to lawfully remove them from the premises.  Until that happens these so-called “professional” tenants pay little or nothing to reside at the property, using various tactics to extend the landlord-tenant relationship and delay their ultimate eviction from the premises. 

This article summarizes the main tactics used by professional tenants to abuse the system and offers guidance on how to avoid falling prey to such tactics.

Non-Payment or Partial Payment of Rent

Professional tenants can extend their stay at the premises by paying only a portion of the rent due each month.  Many landlords will accept such partial payments thinking some rent is better than none, but there are downsides to doing so.  Before they know it, the lease is almost up or the tenant has skipped town, and there are countless overdue rent payments the landlord will be unable to recoup. 

Paying in Cash

Professional tenants who actually pay rent also tend to prefer paying in cash, since it’s impossible to track. If all payments are made in cash, there won’t be much proof against a professional tenant to win an eviction case down the line.  The question whether payments were made would instead be resolved by a swearing contest of conflicting testimony, which could be decided in the tenant’s favor since the landlord has the initial burden of proving his case.  If the testimony conflicts and there are no written records relating to whether payments have been made, the court could easily conclude that the tenant prevails because the landlord failed to prove his case.    

Constant Maintenance Requests

Professional tenants often make numerous maintenance requests and exaggerate the scope of problems with the rental unit.  This tactic not only delays the process of getting them out, but also creates an excuse for them to refuse to pay full or even partial rent.  Professional tenants may claim the unit is completely uninhabitable and even trash the unit on purpose for “proof.” Landlords should keep detailed records of all maintenance requests and repairs to back themselves up in the courtroom. When a tenant claims a unit is uninhabitable, the landlord must provide evidence of habitability. This is why keeping comprehensive records of property conditions and modifications is essential for the landlord’s success in court. 

Avoiding Professional Tenants Through Proper Screening

Screening tenants is one of the most crucial stages of the renting process when it comes to avoiding professional tenants.  These tenants often have a history of evictions, litigation, or delinquency with prior landlords.  This is why a screening report is an effective method for avoiding them and reducing landlord risk.

Accordingly, landlords must always run thorough background checks on potential tenants and watch out for red flags. You should call all landlord references and ask them meaningful questions about the potential tenant.  You should also verify all employment information, bankruptcy records, criminal and court records, and perform a proper credit check. Always keep thorough documentation of all encounters and processes.

Evicting a Professional Tenant

It is far easier to turn down a professional tenant in the application process than to evict one once a lease has been signed. Evicting a professional tenant requires compliance with the same procedures that apply to any other tenant.  In some instances, you may need to show “just cause” (i.e., a legitimate reason) for the eviction.  In any event, a successful eviction will require strict compliance with the steps necessary to evict.  Utmost care must be exercised during the process, making sure you dot all I’s and cross all t’s at each necessary step.  Professional tenants understand legal loopholes and technicalities in order to use the system to their advantage. They know how to withhold rent due to repairs and understand how to drag an eviction process out for as long as possible. 

Lynx Legal Service has handled many thousands of evictions over the years, including evictions of professional tenants.  Please give us a call if you need help removing such a tenant from the premises, or if you require assistance with any other type of eviction.  We can be reached at 925-237-9216 or toll-free at 888-441-2355.  You can also reach us by sending an email to [email protected] , or by arranging for a telephonic consultation by selecting the Calendly button on our website.