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.
Posted on Sep 03, 2014


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