Knowing when and how to evict a tenant is one of the many skills required to be a successful landlord. Overall, knowing when and how to evict a tenant allows you to be a responsible and lawful landlord while also safeguarding tenant rights and keeping a happy landlord-tenant relationship.
Understanding Just Cause
One of the first things all property owners should realize is that eviction is a legal process that requires a court order to remove the tenant from your property. Understanding the legal grounds for eviction allows you to comply with local, state, and federal regulations that govern landlord-tenant relationships. Without adequate legal grounds, evicting a renter might result in legal consequences such as fines or lawsuits.
To evict a tenant, you must have what is known as “just cause.” Just cause eviction statutes require that you have a legal justification to evict the tenant, such as nonpayment of rent, property damage, or violation of the lease terms. You cannot evict a tenant unless you have just cause.
Reasons You Can Evict
Nonpayment of rent is one of the most prevalent reasons landlords evict tenants. If your renter fails to pay their rent on time, you can issue them formal notice that they have a set number of days to pay or vacate the property, as required by state law. If the tenant fails to comply, you may file for eviction. Just make sure you respect the conditions of your lease as well as any state and municipal laws that may apply.
Property damage is another typical reason for eviction. If your tenant has caused serious damage to the property that goes beyond regular wear and tear, you can serve them with a written notice requiring them to remedy the damage or depart the property. If the tenant fails to comply, you may file for eviction.
Other reasons for evicting a tenant include breaching other terms of their lease. If your tenant has a pet and your contract prohibits pets, you can issue them formal notice to remove the pet or depart the property. If the tenant fails to comply, you may file for eviction. The same is true for all other lease terms.
Reasons You Cannot Evict
Even if a renter has done something that would seem to warrant eviction, there are a few more reasons why you can’t evict. For example, you cannot remove a tenant because they have requested that you make repairs to the property or have complained about the rental unit’s circumstances. Furthermore, you cannot evict a tenant because of their race, color, religion, national origin, gender, familial situation, or disability. These protected classifications cannot lawfully be used as the reason for an eviction, and attempting to do so may result in a discrimination lawsuit.
Carrying Out an Eviction
There are a few steps you must take if you find yourself in the unfortunate situation of having to evict a tenant. You must first provide the renter a written notice outlining the reasons behind the eviction and the deadline by which they must leave the rental property. The next step is to serve the renter with a court-filed eviction petition. You might be able to obtain a default judgment in your favor if the tenant misses their court date. Finally, if the tenant still won’t leave the property, you could have the local law enforcement take them out.
Even though evicting a tenant is never simple, it is occasionally essential. Understanding the reasons why you can (and cannot) evict a renter as well as the steps involved in the eviction procedure will help you minimize legal risks and encourage an amicable and equitable living situation for everyone involved.
You might wish to seek help from a property management specialist if you are in danger of being evicted. Speak with a local rental property expert right away by getting in touch with your neighborhood Real Property Management office!
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