Being a successful landlord demands a range of abilities, one of which is knowing when and how to evict a tenant. Overall, understanding why you can and cannot evict a tenant permits you to preserve tenant rights, be a lawful and responsible landlord, and maintain 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. Without sufficient legal justification, evicting a renter 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. If your renter fails to pay their rent on time, you can issue them formal notice that they have a set number of days to pay or vacate the property, as required by state law. If the tenant fails to comply, you may file for eviction. Just make sure you respect the conditions of your lease as well as any state and municipal laws that may apply.
Property damage is another typical reason for eviction. If your tenant has caused serious damage to the property that goes beyond regular wear and tear, you can serve them with a written notice requiring them to remedy the damage or depart the property. If the tenant fails to comply, you may file for eviction.
Other reasons for evicting a tenant include breaching other terms of their lease. If your tenant has a pet and your contract prohibits pets, you can issue them formal notice to remove the pet or depart the property. If the tenant fails to comply, you may file for eviction. The same is true for all other lease terms.
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!
We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. See Equal Housing Opportunity Statement for more information.
