Being a successful landlord involves many different abilities, one of which is understanding when and how to evict a tenant. Overall, knowing when and why to evict a tenant gives you the power to be a responsible and lawful landlord, preserve tenant rights, and uphold a harmonious landlord-tenant relationship.
Understanding Just Cause
All property owners should be aware that eviction is a legal procedure that necessitates a court order in order to kick a renter from your property. You can abide by local, state, and federal laws that control landlord-tenant interactions by being aware of the legitimate reasons for eviction. Evicting a renter without sufficient legal justification may result in penalties like fines or legal action.
To evict a tenant, you must have what is known as “just cause.” Just cause eviction statutes require that you have a legal justification to evict the tenant, such as nonpayment of rent, property damage, or violation of the lease terms. You cannot evict a tenant unless you have just cause.
Reasons You Can Evict
Nonpayment of rent is one of the most prevalent reasons landlords evict tenants. You can formally notify your tenant that they have a certain amount of days to pay their rent or leave the rental property if they don’t do so on time, as required by state law, if they don’t pay their rent on time. In the event that the tenant disobeys, you may file for eviction. Just be careful to abide by any applicable state and local regulations as well as the terms of your lease.
Theft of property is another frequent justification for eviction. You can give your tenant a formal notice forcing them to repair the damage or vacate the property if they have seriously damaged the property beyond normal wear and tear. In the event that the tenant disobeys, you may file for eviction.
Other lease violations are another justification for evicting a renter. You can give your tenant official notice to remove the pet or vacate the property if your lease forbids pets and they have one. In the event that the tenant disobeys, you may file for eviction. All other Lease terms shall be of like effect.
Reasons You Cannot Evict
There are a few other reasons why you can’t evict a tenant, even if they have engaged in behavior that would seem to be grounds for it. For instance, you cannot evict a renter because they demanded that you fix the property or expressed dissatisfaction with the conditions of the rental unit. Additionally, you are not permitted to evict a renter on the grounds of their race, color, religion, national origin, gender, upbringing, or disability. It is illegal to utilize these protected classes as grounds for eviction, and doing so could lead to legal action for discrimination.
Carrying Out an Eviction
There are a few steps you must take if you find yourself in the unfortunate situation of having to evict a tenant. You must first provide the renter a written notice outlining the reasons behind the eviction and the deadline by which they must leave the rental property. The next step is to serve the renter with a court-filed eviction petition. You might be able to obtain a default judgment in your favor if the tenant misses their court date. Finally, if the tenant still won’t leave the property, you could have the local law enforcement take them out.
Even though evicting a tenant is never simple, it is occasionally essential. Understanding the reasons why you can (and cannot) evict a renter as well as the steps involved in the eviction procedure will help you minimize legal risks and encourage an amicable and equitable living situation for everyone involved.
You might wish to seek help from a property management specialist if you are in danger of being evicted. Speak with a local rental property expert right away by getting in touch with your neighborhood Real Property Management office!
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