Things to know about Agreement to Vacate Part-1

Eviction Lawyer

Alternative for “Agreement to Vacate”  – The best possible way to have a tenant vacate is to have that tenant do so voluntarily. Both (tenant and the landlord) sign an agreement which terminates the tenancy, and the tenant agrees to vacate on a specified date. The “Agreement to Vacate” is a very useful form, and landlords who regularly use the form will agree to the fact that their evictions are reduced, their stress is reduced by 80%, and most tenants who sign such an agreement vacate on the date they agreed.
  
When it is appropriate? – I would say, in any situation when a noncompliance is occurring or has occurred, including payment of rent, if both the parties can agree to a specific fixed vacating date and memorialize legally in writing, the Agreement is appropriate: suspected use of drug, excessive traffic, excess of domestic disputes, unauthorized occupant, illegal pets, noise pollution, and the list goes on. Point is, if you get the tenant to agree to vacate, you have probably won the battle.

How do you get the Tenant to agree? – Well, this is a tricky question. I would say that this will take some skill and experience. Landlord needs to approach the tenant, explain easily how things just are not working out between you possibly and threaten them for eviction if required, but give the tenant an easy way out initially. That would be, tenant and the landlord to agree to terminate the contract without the need for further rent lawyer or court intervention. Time frame to vacate would depend on the relationship and the intensity of the problem between them. Take it easy if an agreement is coming to an end soon.

Will the tenant always sign an “Agreement to Vacate”? – This is a leading question because we know the answer for this “A BIG NO”. Let’s be practical, neither is the tenant or the landlord is completely sure that they will win an eviction. No tenants would want to go near the courthouse for obvious reasons and will give opportunity to vacate voluntarily.

Once the tenant signs an agreement and it is returned back to you, you will then sign the agreement and this will create a binding contract. An Agreement to Vacate is of no good and useless, unless you get all the tenants to sign that.

I will share a sample “Vacate Agreement” in my next post” Things to know about Agreement to VacatePart-2” which will clarify many more things about rent eviction.