Five Reasons to Evict a Tenant, and How To Do So Legally

Law

It is no secret that every landlord wants peaceful, quiet tenants. But there’s always a chance you’ll encounter a lousy tenant. While landlords love tenants who pay the rent on time every month and renew the lease agreement every year, it might not be possible for every tenant to do so.

Nearly all landowners may encounter the need to evict a tenant if things do not go as they are meant to. If you discover yourself with the need of eliminating a trouble-making tenant, or if your situation requires you to take your rental property off the market, make sure that you do to the eviction with the correct approach and according to the law.

But do you wonder if you are claiming legal reasons to evict a tenant? Here’s a glance at five absolutely valid reasons for filling out a notice for a tenant to move out.

  1. Not Paying the Rent or Paying Late Intentionally

Late rent or non-payment is the most common reason for evicting a tenant. A landlord puts his property up for rent to earn money. But problems occur when the tenant fails to pay the rent. This reason, including routinely late rent payments, allows landlords to evict tenants as per controlling statute code in most states.

However, the precise terms like when the rent is legally considered late can vary from state to state. It is crucial to follow the laws of your state since eviction must be done legally. Commonly, you’ll have to provide your tenant with a Notice to Pay or Quit as a warning to clean up their act or risk facing eviction.

  1. Lease Violation

If you find out that your tenant violated the terms of the lease, you are allowed to evict them lawfully. These infringements can include subleasing the property to occupants who are not registered on the lease, no-pets policy violations, or failure to abide by legal policies such as those mandated by a homeowners’ association.

Although it may be OK to allow a second chance, you should tread carefully. It is important to make sure to put any commitments in writing and have a witness. The rental agreement goes both ways. A tenant is also allowed to take you to small claims court for anything you’re liable for if you fail to hold up your end of the bargain.

  1. Damaging the Property

Traditional wear and tear may occur in any dwelling. However, some tenants may overstep the minor scuffs on the baseboards or nail holes within the wall. Once the damage goes beyond minor, it may be time to give the tenant notice to get out.

Factors that are considered excessive include knocking large holes in the wall, causing water damage, or making the property into a health and safety hazard. However, if the tenant is prepared to repair the damage or pay for the repair, it may not be a good idea to evict them. After all, a tenant willing to repair their mistakes is perhaps a renter that is worth keeping.

  1. Disturbing Other Tenants

Tenants have the right to live free from excessive turbulence and noise. In multi-family sections, residents are often evicted for disturbing the peace for others within the building. If you go this route, it is crucial to ensure that you mention the troubling behaviour when you give the tenant written a notice to get out, regardless if it’s loud parties, music, or an excessive amount of noise after quiet hours.

  1. Making Illegal Use of the Property

Landlords hold the right to evict a tenant if they are exploiting the property for criminal activity. This involves tenants using the property for distributing nonlegal materials or even operating a legitimate business out of the house. Illegal activity can be mentioned as a violation of the rental agreement and insurance policy. Operating a disallowed business can be in violation of zoning laws.

If the tenant engages in illegal activities, he could be evicted from the property by the landlord if a judge agrees. Before a judge will order an eviction, though, a landlord must first serve the tenant with a Notice to Quit. The notice tells them they will be evicted for not paying or violating the lease or the law. If the tenant doesn’t fix the situation or leave, the eviction lawsuit, called an unlawful detainer, can go forward in court.

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