HOLDING OFF ON AN EVICTION CAN RESULT IN THE PROPERTY MANAGER BEING SUED BY THE PROPERTY OWNER FOR LOST RENT AND ATTORNEY’S FEES

 

1.  Tenants often promise to pay and the Property Manager will hold off on filing an eviction.

 

2.  If the Tenant pays, then no harm is done.

  

3.  If the Tenant fails to pay and the Property Manager has held off, the Tenant will owe more money that the Property Owner most likely will never see.

 

4.  The Property Manager should have a policy of filing an eviction on a specific day of the month or after a set period has elapsed after the Three Day Notice has been served.

 

5.  If the Tenant seeks an extension or promises to pay on a specific date, if the Property Manager decides to wait and hold off, the Property Manager should get written authorization for this from the Property Owner using the EVICTION HOLD OFF NOTICE.  

 

6.  Failure to get written permission to hold off on filing an eviction can result in further financial damage to the Property Owner.

 

7.  Property owners can and do sue Property Managers for negligence and breach of contract if the Property Manager holds off on an eviction and the Tenant fails to pay.

 

8.  Any risks in holding off on an eviction should be passed to the Property Owner and not undertaken by the Property Manager without written permission.

 

THE PROPERTY MANAGER SHOULD FILE AN EVICTION IN ACCORDANCE WITH COMPANY POLICY.  IF THE PROPERTY MANAGER WISHES TO HOLD OFF ON FILING AN EVICTION PENDING POSSIBLE PAYMENT, THIS MUST BE AUTHORIZED BY THE PROPERTY OWNER.

 

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