It’s important to be proactive after evicting a tenant so that you get your business back on track as quickly as possible. Here is a brief overview of some of the issues facing landlords after a successful eviction, and recommended strategies going forward.

Change The Locks

You should change the locks as soon as possible after the eviction is completed. The tenant (or someone else) could have an extra set of keys allowing them to access the premises if the original locks remain intact. Worst case scenario, a desperate tenant may move back in and refuse to leave. Disgruntled former tenants may also cause property damage. There is no reason to risk the possibility that someone can access your premises after an eviction. Make this your very first and most important task post eviction. If the eviction was conducted by sheriff lockout, have the locksmith there at the same time as the eviction and change the locks as soon as the tenant leaves.

Dealing With A Tenant’s Property

The Security Deposit. The parties’ respective rights to the security deposit are typically addressed in the terms and conditions of the lease agreement. Security deposits are commonly used to eliminate or mitigate loss caused by damage to the unit beyond the usual wear-and-tear, that resulted from the tenant’s acts or inaction. The landlord is typically entitled to apply the security deposit to pay for repairs and replacements unless the landlord was responsible for the damage. Security deposits also are commonly used to cover any rent the tenant did not pay by the time her tenancy is over. The security deposit is a convenient way for a landlord to recover for damages caused by a tenant before or after rental eviction.

The Tenant’s Belongings. How should a landlord deal with property a tenant has left behind? The landlord has the right to remove the tenant’s possessions and charge for the cost of storage. The landlord does not become the legal owner of any items that have been abandoned. To the contrary, he or she must follow certain legal procedures.

Specifically, the landlord must wait 18 days to dispose of the belongings. If the landlord receives a written request within that time from the tenants to claim their things, the landlord can request reimbursement for the moving and storage costs in writing within five days of receiving the tenants’ written claim. The tenants will then have three days to pay these charges, or the landlord can dispose of the property. If tenants do not act within the legal time frame to retrieve their belongings, then the landlord has the right to dispose of them. If the items have a total value of less than $700, the landlord can keep them. Otherwise, he or she must sell them at auction and keep the proceeds to cover costs. Any cash left over must be returned to the tenant.

Commencing Small Claims Proceedings To Collect Outstanding Amounts Owed

If your tenant has caused damage to your rental property, you can file a small claims case and obtain a judgment to collect on those damages. Landlords can sue tenants who’ve breached leases or caused them economic damages in the same way as anyone who’s suffered a breach of contract, property damage, or other loss due to someone else’s negligent or improper actions.

In fact, it’s often necessary for landlords to sue since most states, including California, limit the amount of security deposit for which a landlord can request. Consequently, if the tenant failed to pay rent for several months, caused damage greater than the dollar amount of the deposit to the premises, or both, the security deposit will probably be inadequate to fully compensate the landlord for his losses

Preparing The Rental For Future Tenants

Since time is money, it pays to get your property back to tip-top condition as quickly as possible. Make sure you repair minor details, steam clean the carpet, paint walls replace carpets if necessary and perform a general deep clean of the rental unit. Right after the eviction is also the time to consider remodeling your place to bring it back to or above market value.

Learn From Your Mistakes

Once the rental is back on the market, it’s important for the landlord to reflect back on the tenancy to determine what, if anything, was done wrong or could have been done differently. Review your marketing, screening, and renting procedures to determine whether anything should be changed. An ounce of prevention can turn into big savings down the line. Also, make sure to maintain complete records of any maintenance repairs in case further litigation involving the tenancy becomes necessary.

If you are going through an eviction or want to learn more, please contact us for a free consultation. We can be reached at 888-441-2355 or by email at info@lynxlegal.com Our experienced eviction specialists are standing by to answer any questions you may have or to start your new case.