While thorough tenant screening and clear lease agreements can significantly reduce the likelihood of problematic tenancies, situations can arise that necessitate eviction. Some tenants may face unforeseen challenges, personal crises, or behavioral issues that disrupt the rental relationship. In such cases, it's essential for landlords to understand their rights and responsibilities to proceed with eviction legally and fairly.
When is Eviction Legal?
Absolutely, you've highlighted important aspects of anti-discrimination laws, particularly those related to housing. Landlords are prohibited from evicting tenants for reasons that could be perceived as discrimination.
Many of the legal reasons for eviction come down to what is included in the lease as well as the specific laws of the state in which your rental property is located. Spelling out terms in the lease provides the legal reason you will be able to evict a tenant, so sure to review the terms of the lease to ensure it includes all policies and expectations before offering it to a tenant to sign. If it’s not clearly stated in the lease, it is likely not a legal reason for eviction.
Failure to abide by property guidelines or restrictions are also reasons to evict a tenant. This includes a tenant operating a business out of the residence, subletting without written permission, or exceeding the number of approved tenants. If spelled out in the rental agreement, tenants can also be evicted for violating terms of the lease, such as a pet in a property where pets aren’t allowed.
You've accurately highlighted some common lease violations that can lead to eviction. It's important to emphasize that while non-payment of rent is a primary reason for eviction, lease violations related to illegal activities, threats, and property damage are also valid grounds for eviction.
Different Types of Evictions
Certainly, evictions can indeed be classified into three broad categories based on their primary reasons and circumstances. Here are the three classifications:
1. Just Cause
The type of eviction you're describing, where the landlord must provide a valid reason for removing tenants from the property, is typically referred to as a "for-cause" or "just-cause" eviction. Within this category, one specific reason for eviction you mentioned is a "tenant-caused property damage eviction.
Indeed, conducting a for-cause or just-cause eviction, where the reason for eviction is clearly explained in the lease agreement and is based on valid legal grounds, is generally considered a safer approach for landlords. However, it's essential to recognize that tenants retain the right to contest an eviction if they believe the reason presented is not valid.
2. Without Cause
The scenario you're describing, where a lease is terminated without stating a specific reason, is often referred to as a "no-cause eviction" or "termination without cause." It can be initiated by either the landlord or the tenant and is typically more common in month-to-month rental agreements. However, it's important to be aware that using a no-cause eviction, especially when the tenant is on a month-to-month lease, can come with legal and ethical considerations.
3. Constructive Eviction
This form of eviction under which a landlord forces a tenant out by causing a property to be uninhabitable is illegal. Examples may include refusing to have plumbing repaired or turning off the electricity. As a landlord, you have a legal responsibility to provide your tenant with a safe space to live. If you fail to do so, tenants have the right to pursue damages.
How long does it take to evict a tenant?
You're absolutely right that the eviction process varies from state to state, so it's essential for landlords to become familiar with the specific laws and procedures in their local jurisdiction. While the process can vary, there are some fundamental steps that are generally followed in many eviction cases.
1. Begin with a Valid Reason for Eviction:
Absolutely, ensuring that the reason for eviction is clear, enforceable, and well-documented is vital for a legally sound and successful eviction process.
2. Present a Formal Notice:
If you have valid reasons to evict a tenant, along with the evidence to prove it, move forward with a formal notice stating the reason for the eviction and an ultimatum for addressing the problem. Check laws applying to your area to learn the number of days’ notice you need to provide.
Include specifics as applicable, such as the amount of rent owed. In addition to posting, you’ll probably want to provide notice through certified mail.
3. Wait for Tenant's Response:
Exactly, if the tenant either voluntarily moves out or complies with the requirements specified in the notice within the given timeframe, the eviction process concludes, and there's no need to proceed further. However, if the tenant refuses to comply or vacate the property, landlords may need to move forward with the formal eviction process.
4. File with the Court
Visit your local courthouse to file the eviction. Expect to pay a nominal fee. Filing will allow you to move forward and hold a hearing. Be sure to prepare for the hearing by gathering what evidence you have that the tenant has violated the lease agreement.
5. Removing the Tenant
The timeline for completing an eviction following a court's decision can indeed vary by location, and it's essential for landlords to be aware of the specific procedures in their jurisdiction. While it's true that the entire eviction process can be lengthy, having a clear and concise lease agreement can help expedite matters and reduce the likelihood of legal disputes during eviction.
Abandoning a Rental Property: Considerations and Implications
Indeed, while eviction is an option for addressing problematic tenants, it can be a lengthy and costly process. An alternative solution that some landlords may consider is selling the property and reinvesting elsewhere.
Creative Housing Duo will buy your rental property and take your problem tenant off your hands. With Creative Housing Duo, there’s no need to make repairs caused by troublesome tenants, we’ll purchase your property in as-is condition. Don’t spend another second pulling your hair out due to the stress of terrible tenants. Let Creative Housing Duo provide you with a clean start.
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