What Are the Rights of Landlords to Evict Tenants

It's the worst nightmare of a tenant. It's also the worst nightmare of many landlords. The eviction notice is never an easy court document to obtain, yet sometimes it is a necessary one. Because of the actions of tenants, usually in the form of not paying rent, a landlord has certain rights that allow them to protect their property. Some new landlords also have specific rights when it comes to the eviction process in regards to the improvements of their buildings.

What are the rights of landlords to evict tenants? Let's take a look.

Most Eviction Rights Come From a Failure to Abide

The reason why a vast majority of tenants are evicted is because of a violation of the rental agreement that exists between the landlord and the tenant. The most common form of violation is a failure to pay rent by an agreed upon date. Once this occurs, a landlord will service a notice to quit or pay. Then court proceedings will be started and the eviction process begins through the court. It ends with a Sheriff's deputy posting a final notice on the door.

It isn't just money that can cause an eviction. There are some other common reasons why a landlord may start this process because of a lease violation as well:

1. The evidence of illegal activities being performed while on the property.
2. Health and safety violations that make living on the property dangerous.
3. Sustained complaints from others that aren't rectified despite several notices regarding the complaints.

The bottom line is this: if a tenant is violating any condition of a rental agreement, then this is grounds for a landlord to begin the eviction process. The good news for both parties, however, is that coming back into compliance can stop an eviction process before it is completed.

What About Property Improvements?

In most communities, a landlord cannot evict a tenant because they have sold a property. Even if a property goes into foreclosure, a valid rental agreement is still considered a valid contract. The bank, when they take possession of the property, will become the new landlord. Will they renew a lease for you on a foreclosed property? Not likely. Can they just kick you out because the landlord failed to pay the bills? Not usually. In most locations, contracts must be honored until the date they are fulfilled.

The one place where this is not the case is if a landlord must put in property improvements. This doesn't always have to be a health and safety issue for a landlord to issue an eviction in such a manner. It can be because there are plans to demolish a building to make way for a better one or to change the internal structure of a building to make it more profitable. In these situations, there may be required assistance that a landlord must provide to relocate a tenant or compensate them for their housing losses.

Landlords to have eviction rights. Most of these rights stem from tenant actions, but not every time. If you have a question about a specific case, be sure to check with your local landlord-tenant laws to see what may be legal and what response may be available.
Posted on Jul 23, 2014


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