Posted in Blog  
  on Sep 03, 2014

Legal Reasons To Evict A Tenant

Despite all of the screening, interviewing, and checking that can be done, there are those occasional tenants that slip through the cracks and cause problems. Sometimes it can be so bad that it affects an entire neighborhood or apartment community! From changing the locks to creating health hazards within the home, there is a long list of legal reasons why a tenant can be evicted. Sometimes the legal reasons don't have to be behavioral or care related either.

Here is a brief look at some of the most common reasons why tenants are evicted today.

#1. The tenant failed to pay their rent. A failure to pay rent is by far the most common reason for a legal eviction. When the process is completed appropriately, step-by-step, it can usually be completed in about 3 weeks or so, depending on the laws in your location.

#2. The tenant has broken the terms of the lease. Whatever your rental agreement happens to be, there are a wide range of behaviors that can give you a reason to legally evict a tenant. These behaviors may include:

• Consistent violations of a no smoking policy.
• Having pets on a rental property without authorization.
• Failing to clean up after pets or themselves to such an extent that it creates hazardous conditions within the rental home.
• Becoming a nuisance through noise, through odor, or through dangerous behaviors that affect the safety of the complex or the neighborhood.

#3. The tenant is engaged in ongoing illegal activities. Any illegal activities that occur in an ongoing way are also an option for a legal eviction. This might include cultivating or selling drugs, working without a business license from the property, stealing cable signals, and anything else that would be considered a misdemeanor or a felony.

#4. The building is being updated or renovated. Sometimes a tenant can be legally evicted if the property owned needs to be updated in a specific way. Not all jurisdictions allow this option and others require landlords to pay for displacement for the eviction to be legal. Sometimes the tenant is only temporarily evicted until the updates are done and then they are allowed to return to their home.

#5. The rental agreement has expired. Many jurisdictions give tenants and landlords the option to renew a least on a month-to-month basis once a lease has expired. When this happens, the landlord can send a simple eviction letter requiring a tenant to move from the property by the end of the last month when a rental payment was accepted. A few jurisdictions do not allow this, but most do not even require any other reason for the eviction other than the fact that the lease has expired.

#6. The tenant has abandoned the property. If you feel like the tenant you have has abandoned the apartment, then it is appropriate to initiate the eviction process. It is important to follow the specific procedures in your jurisdiction at this point because it may not always be legal to enter a rental home without confirmed written notice, especially if you just suspect abandonment.


Most Important Landlord Tenant Laws in Texas

When it comes to having a tenant for the first time, it can be pretty daunting because you are going to be the corresponding landlord and a new relationship will emerge, which will need time to grow... More

The Landlord Tenant Laws in California

The landlord and tenant laws in California are literally the same as they are in any other state. These laws, rules and regulations are put into practice because they uphold an order, a discipline,... More

Understanding the Landlord Tenant Laws in Illinois

People are aware that there are different rulings in each state with reference to the landlord/tenant laws. The state of Illinois also has a set of laws. These rules and regulations are basically... More

The Landlord Tenant Act: What Landlords Need to Know

All landlords know that before they can formally become a landlord there are a lot of things they need to understand. Landlords and tenants cannot act as such without any legal bodies involved. That... More

Essential Tenancy Agreements that a Landlord Should Have

When entering into an agreement with a potential tenant, a landlord needs to fully understand the contract that binds them into the specific relationship of being a landlord and a tenant. Now that the... More

Landlord Rights

If you’re currently considering the option of offering one of your properties for rental purposes, you should first educate yourself about the landlord tenant relationship. For the first timers, it’s... More

Landlord Negligence Claims: What to Do and How to Prevent

Landlords have a lot on their plates, which is quite understandable. It may also be true that you, being a full functional landlord, have done your best but have missed something when it comes to your... More

Holdover Tenancy: What is a Holdover Tenant?

Landlords have many things to think of; they have to deal with legal issues, privacy issues, and so much more. Above all, they sometimes need to deal with a problem tenant. The interesting thing is... More

What is a Tenant Estoppel Certificate?

Most landlords may have some idea what an Estoppel Certificate is. However, many aspiring landlords are still unaware of what this certificate is all about. Basically, a tenant Estoppel Certificate is... More

How to Issue a Tenant Warning Notice

Landlords have a lot of administrative work to do when they have tenants. It seems easy to let people come and live in your home, have them pay the monthly rent and carry out your daily activities.... More