WorldExecutivesDigest.com | What Are Legal Grounds for a Tenant Eviction? | No one looks forward to having to move someone out of their home. However, sometimes if a tenant simply won’t act in accordance with the laws and agreements associated with a property, there is no other option at the end of the day.
Tenant eviction is a complicated manner and it’s important that a property owner proceeds with great care. A mistake made at this stage could lead you open to a lawsuit. The most important thing is to ensure that you have legal standing for evicting your current tenant.
What might constitute a legal ground for eviction? Read on and we’ll walk you through what you need to know.
Failure to Pay Rent
The most common reason that tenants are hit with eviction notices is that they have not paid their rent over an extended period of time.
In most cases, a failure to pay rent in a timely manner is considered a just cause to terminate the lease with a tenant. There are few exceptions where a failure to pay rent would be considered okay. If the property in question is not livable, it might be okay for a tenant to withhold rent until the living conditions are improved.
In the event of a city-wide rent freeze, usually due to disaster, a tenant may be able to put off paying rent. However, outside of the bounds of these rare instances, you likely will be able to evict a tenant if they are not currently paying rent on time.
Tenant Eviction at the End of a Lease
What if you’re just having a very negative experience with a tenant and you want them to go? You won’t be able to end your agreement with this tenant during the current window of time that their lease stipulates.
However, once the lease they have signed comes to an end, you are under no obligation to resign or continue renting to them. Once a lease expires, a tenant no longer has a right to the property in question.
If the lease ends, you can simply ask them to leave. If they refuse to leave, then things can get a bit tricker. You will have reasonable cause at this stage to request that eviction is filed with the courts.
As with a failure to pay rent, there is little legal standing for tenants that are attempting to stay in a property after their lease is finished. However, you’ll still need to fight the issue in court. Consider getting help from litigationadvocates.com to pursue your case.
Serious Property Damage
The home or property that you are renting is a big investment for you and your family. You’ve put a great deal of money, time, and effort into crafting a rentable property.
What do you do if the tenants that you are renting to begin to treat the property with a lack of care? What happens if, purposeful or not, they cause a great amount of property damage?
In this situation, a landlord does have a right to bring the tenant to court. A landlord can do this whether the damage done was on purpose or accidentally.
This can be a bit harder of a case to win against your tenant. You have grounds, but a great deal of evidence will need to be brought forward to prove that the tenant caused the property damage. You’ll also need to prove that the damage is beyond what could be reasonably expected by a person living in a home over a long period of time.
This is a situation where you’ll likely want to have an attorney by your side before heading to the courts.
Violation of the Lease
When your tenant signed the lease for the property, there were a lot of rules and regulations outlined. They agreed to these terms.
If a tenant were to break these rules and regulations, it could be justifiable grounds for an eviction request to be brought forward to the courts.
If your tenant’s lease is not up, and they have violated the terms of their lease in some way (and the issue cannot be fixed in a reasonable time), then you have a just reason to evict the tenant through your local court system.
What form these violations might take will depend on what was laid out in your lease. Common examples include long-term house guests that are not supposed to be living on the property. Illegal use of the property, such as renting it out or using it as event space, would also be prohibited.
The presence of unauthorized pets can also be considered a fairly serious violation of the lease. A constant barrage of noise complaints against the property often also goes against a lease’s declaration of a reasonably quiet and self-contained household.
If your tenants are throwing massive parties every weekend and the neighbors are getting upset, this could be grounds for eviction on the basis of a lease violation.
You’ll need to look closely at your own lease to determine what grounds you have. Violations differ from agreement to agreement and place to place.
Can I Evict a Tenant?
It’s a question that many property owners have to face at one point or another in leasing out their properties to renters. Tenant eviction is not a fun topic but it is one that is important for all landlords to learn about and take seriously.
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