Posted in Blog  
  on Jul 23, 2014

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.

Related

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