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 enables you to be a responsible and legal landlord, safeguard tenant rights, and keep 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. If 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
Even if a renter has done something that would seem to warrant eviction, there are a few more reasons why you can’t evict. For example, you cannot remove a tenant because they have requested that you make repairs to the property or have complained about the rental unit’s circumstances. Furthermore, you cannot evict a tenant because of their race, color, religion, national origin, gender, familial situation, or disability. These protected classifications cannot lawfully be used as the reason for an eviction, and attempting to do so may result in a discrimination lawsuit.
Carrying Out an Eviction
Discover the essential steps to follow when faced with the task of evicting a tenant. To initiate an eviction process, it is imperative to furnish the tenant with a written notice that specifies the reasons for the eviction and the deadline for them to vacate the premises. The next step is to file an eviction petition with the court and have the tenant served. In the event of a tenant’s absence on the scheduled court date, it is possible for you to obtain a favorable default judgment. In the event that a tenant refuses to vacate the property, it may be necessary to exercise legal authority in your jurisdiction to have them removed.
Evicting a tenant can be a challenging task, but it is often an essential step for landlords and property managers. Learn about the eviction process and the legal grounds for eviction to minimize legal liabilities and foster a harmonious living environment for all tenants.
In the event of a possible eviction, seeking guidance from a property management specialist can prove to be beneficial. Looking for a reliable rental property management service? Get in touch with your nearby Real Property Management branch and connect with a local expert today!
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