{"id":38885,"date":"2024-03-01T12:00:12","date_gmt":"2024-03-01T17:00:12","guid":{"rendered":"http:\/\/rentprep.com\/?p=23726"},"modified":"2024-07-15T14:48:17","modified_gmt":"2024-07-15T18:48:17","slug":"cash-for-keys","status":"publish","type":"post","link":"https:\/\/rentprep.com\/blog\/evictions\/cash-for-keys\/","title":{"rendered":"Mastering Cash for Keys: A Landlord’s Guide to Ethical Tenant Transition"},"content":{"rendered":"
Explore the controversial yet effective “Cash for Keys” strategy, a pragmatic solution for landlords navigating tenant evictions. Discover how this approach can streamline property reclamation while maintaining respect and fairness for all parties involved.<\/span><\/p>\n Do you know about cash for keys, and if so, do you find it a good way to get unwilling tenants to move so you can retake control of your property?<\/span><\/p>\n Cash for keys is controversial whether you’re talking about a landlord and a tenant or a bank foreclosing on a homeowner.<\/span><\/p>\n If you want to see how controversial this method is in practice, it’s easy to do. Join your local landlord association and tell your new friends that you’ve discovered a fantastic investment strategy for landlords: <\/span>Cash for Keys<\/span><\/a>, which works like a dream. Whenever you have an eviction looming with a tenant, offer them cash to move out instead of evicting them.<\/span><\/p>\n Here’s what will ensue.<\/span><\/p>\n In this post, we will discuss why cash for keys is controversial, and five tips and mistakes landlords make when paying their tenants to vacate the property.<\/span><\/p>\n The ‘Cash 4 Keys’ initiative, a less formal but widely recognized term for cash for keys, expedites reclaiming your property while offering financial assistance to the departing tenant. Learning more about cash for keys and how it works can help you determine when to add this method to your landlord toolbox. Follow along with today’s discussion below.<\/span><\/p>\n First question: what exactly is cash for keys?<\/span><\/p>\n Cash for keys is a way for a landlord (or bank in a foreclosure situation) to convince a tenant to vacate a property in exchange for an agreed-upon sum.<\/span><\/p>\n The Keys for Cash strategy, another name for the Cash for Keys program, offers a mutually beneficial solution to avoid the eviction process. This approach involves the tenant voluntarily handing over the keys to the property in exchange for a financial incentive.<\/span><\/p>\n Although it may seem counterintuitive, cash for keys is often less expensive than going through a lengthy eviction process. Typically, the amount paid comes with stipulations based on the condition in which the property is left.<\/span><\/p>\n Cash for keys is common when tenants can no longer afford the rent or are damaging the property. In other cases, it may be an option when a landlord purchases a new rental property and wants to move on from the existing tenants.<\/span><\/p>\n Yes, cash for keys is a legal and mutually agreeable method that allows landlords to reclaim their property by offering tenants a financial incentive to vacate. This approach avoids the lengthy and often costly eviction process, benefiting both parties when executed with clear communication and proper documentation.<\/span><\/p>\n As long as you are not forcing your tenant to take this option and both parties agree to the terms, you should be able to move forward with cash for keys. Of course, it is important always to pay attention to state and local laws. Laws are constantly changing, and there may be limitations placed on this type of situation in the future.<\/span><\/p>\n The biggest part of finding success when trying the cash-for-keys method is ensuring you do things right. You cannot attempt to persuade a tenant to accept this method with force or threats, nor should you sacrifice your financial well-being to do so.<\/span><\/p>\n This five-step process will help make the cash-for-keys method as successful as possible.<\/span><\/p>\n Approach the delinquent tenants and explain that they are violating the lease agreement and that you will start the eviction process. Outline the <\/span>steps for eviction<\/span><\/a>, the consequences, and the expense, and mention the potential impact on their future.<\/span><\/p>\n For example, many tenants who are late on rent may not realize that a formal eviction stays on the public record for up to seven years in most states. While some states, like Oregon, only show records for five years, finding housing in the future with an eviction on record can be difficult.<\/span><\/p>\n Tenants who want to avoid eviction on their record but do not have the money to pay rent may find it appealing to move forward with a cash-for-keys offer. This enables them to find a new rental without first fighting through the court system.<\/span><\/p>\n Once the tenant understands that you are offering an alternative to eviction, they may be willing to hear you out about what other options are available to them.<\/span><\/p>\n Explain that they can have cash in hand if they agree to be entirely out of the rental unit and turn keys over to you by a specific date with no damage to the property.<\/span><\/p>\n Share the date and the amount you have in mind with the tenants. Then, discuss.<\/span><\/p>\n Mastering how to negotiate cash for keys involves a delicate balance of offering a fair amount while ensuring your property is vacated promptly. Start the conversation with a reasonable offer and be prepared to adjust based on the tenant’s response and the property’s condition. The time spent coming to an agreement will likely be less than the time required to <\/span>prepare for an eviction case<\/span><\/a>, so you still benefit from the situation.<\/span><\/p>\n When doing this type of exchange, you must get things in writing. This is for the benefit of all parties involved.<\/span><\/p>\n To formalize the arrangement, draft a Cash for Keys Agreement (example provided below) that clearly outlines the terms, conditions, agreed-upon amount, date, and time. This contract ensures that both parties are legally protected and understand their obligations. The agreement should state that the eviction will proceed if the tenants are not out on time.<\/span><\/p>\n Put as much detail into the document as possible, clarifying what will happen to the security deposit, how much money will be exchanged, if the tenant will still be responsible for any owed rent, and more. The more detail, the better for everyone involved. Have all parties sign and date the document once you agree.<\/span><\/p>\n On move-out day, be at the property with the paperwork and the check. Once the tenant is completely out of the property, you will want to <\/span>do a walkthrough<\/span> to ensure the property is left according to the terms of your agreement.<\/span><\/p>\n After you do the walkthrough, sign the final papers and exchange the keys for the money. That’s it, it’s over.<\/span><\/p>\n Now that the tenant has completely moved out, it’s time to go ahead and take care of the property as if it were vacated at the end of a lease or abandoned. Change the locks, remove garbage and food, and <\/span>do necessary maintenance and repairs<\/span><\/a> to prepare it for the next tenants.<\/span><\/p>\n If something doesn’t happen according to the cash-for-keys plan you have agreed to, you must proceed with the eviction process outlined by your state.<\/span><\/p>\n Not every cash-for-keys scenario works out so cleanly. Many landlords find themselves in a pickle when they make easily avoidable mistakes.<\/span><\/p>\n Even if you try your best to ensure everything goes as smoothly as possible, things can always come up along the way. These are the top five common mistakes that get property owners into hot water when attempting to remove tenants from the property.<\/span><\/p>\n This is the most common mistake that frustrated and exhausted landlords make. While it is understandable that property owners get upset about being unable to regain control of their rental property, that doesn’t mean that self-help evictions are allowed.<\/span><\/p>\n What exactly is a self-help eviction?<\/span><\/p>\n A <\/span>self-help eviction<\/span> is when the landlord makes it so the tenant cannot access or safely live in the property.<\/span><\/p>\n Landlords cannot take matters into their own hands and make the tenants’ lives miserable by doing lock-outs, shutting off the utilities, refusing repairs, or using any other method to keep the tenants from accessing or inhabiting the property.<\/span><\/p>\n Not only is it illegal, but the landlord can also be on the hook for fines and have to pay the tenant for spoiled food, wasted utilities, and, in some states, a set dollar amount per day they’re locked out.<\/span><\/p>\n You cannot use this method even when the tenant won’t see reason and tries to talk to you about moving out or following the lease rules. Instead, you must file an eviction suit with the court system immediately to legally regain property control.<\/span><\/p>\n It is illegal to physically or verbally threaten tenants, yell at them, stalk them at work, or harass other family members. No matter how frustrated you may be, always remain professional.<\/span><\/p>\n A looming eviction can be emotionally charged for the landlord and the tenant. Try to <\/span>remove the emotion<\/span><\/a> as much as possible and clearly communicate the situation.<\/span><\/p>\n Sometimes, tenants will attempt to talk you up in the amount, and if you keep agreeing, they may feel like you will negotiate even more.<\/span><\/p>\n You can start low and work up to the amount you’re willing to pay so tenants feel they are getting a great deal.<\/span><\/p>\n Or you can start high, hoping the amount will impress them, and stand firm. Just don’t get desperate and start offering amounts you have yet to think through or are not financially worth it.<\/span><\/p>\n Negotiating some move-out terms is okay when you’re trying to do a quick cash-for-keys transfer. For example, you may agree to allow the tenant not to patch holes or repaint rooms when they are moving out on short notice. Alternatively, you can negotiate, but only up to an amount equal to your <\/span>legal fees for eviction<\/span><\/a>.<\/span><\/p>\n However, you want to avoid agreeing to things that will make the situation too expensive or time-consuming. Plan what types of concessions you are willing to make in advance, and stick to that line. Otherwise, you may end up in a more trying situation than a court-led eviction would have been.<\/span><\/p>\n Although it is called “cash for keys,” landlords should always pay via check if possible. That way, you have an official record of the transaction.<\/span><\/p>\n If you have negotiated to pay in cash, then make sure you both sign something that records proof of the transaction. Provide the tenant <\/span>with a receipt<\/span><\/a> and create a copy of it for your records as well.<\/span><\/p>\n Why is it so essential to keep transactional proof?<\/span><\/p>\n Even if a tenant seems very amenable to the situation, they may come back later and try to claim that they were illegally forced out. However, if you have documentation of them accepting payment and agreeing to the arrangement, it will be much harder for them to make any headway with this type of case.<\/span><\/p>\n Cash for keys is separate from the tenant’s security deposit. Just because they leave doesn’t mean they forfeit that deposit automatically.<\/span><\/p>\n You still have to process the deposit as you usually would: do a formal move-out inspection and deduct for back rent, damages, and unpaid utilities.<\/span><\/p>\nKey Takeaways<\/b><\/h3>\n
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A Table Of Contents For Cash For Keys<\/strong><\/h2>\n
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<\/a>What Is Cash For Keys?<\/strong><\/h2>\n
<\/p>\n
<\/a>Is cash for keys a legal method for landlords to reclaim their property from tenants?<\/b><\/strong><\/h3>\n
<\/a>5 Tips For Cash For Keys: Step By Step<\/strong><\/h2>\n
<\/a>#1 Have A Conversation<\/strong><\/h3>\n
<\/a>#2 Suggest An Alternative<\/strong><\/h3>\n
<\/a>#3 Get It In Writing<\/strong><\/h3>\n
<\/a>#4 Be Present On Moving Day<\/strong><\/h3>\n
<\/a>#5 Proceed As If Vacated<\/strong><\/h3>\n
<\/a>5 Mistakes With Cash For Keys<\/strong><\/h2>\n
<\/p>\n
<\/a>#1 Self-Help Evictions<\/strong><\/h3>\n
<\/a>#2 No Harassment<\/strong><\/h3>\n
<\/a>#3 Don\u2019t Negotiate Too Much<\/strong><\/h3>\n
<\/a>#4 Keep Transactional Proof<\/strong><\/h3>\n
<\/a>#5 Remember The Deposit<\/strong><\/h3>\n