Grounds to Evict a Tenant: How to get rid of them
If issues arise with your tenants you may decide you want to evict them from your property. Before going forward with the eviction process you must ensure you have proper, legal grounds to evict the tenant.
We decided to make that step easy for you!
We have gathered the top 5 grounds to evict a tenant: how to get rid of them for you.
Grounds to Evict a Tenant: How to get rid of them
As a landlord and the owner of the property it is easy to assume you have complete control over the tenants and the property. Unfortunately, that is not the case.
You are bound to act in accordance with the law as your rental property and agreement are viewed as a business. If issues arise with you tenants or the property and you want to evict a tenant, you will need to have legal grounds to do so; if not, you could risk a lawsuit.
To avoid any further issues let’s take a look at the top 5 grounds to evict a tenant: how to get rid of them:
- Failure to Pay Rent
- Damage to your Property
- Violation of the Lease Agreement
- Using the property for illegal and/or drug related activity
- Expiration of the Lease Agreement
Top 5 Grounds to Evict a Tenant: How to get rid of them
1. Failure to Pay Rent
The failure to pay rent is one of the most common reasons for lease termination and the subsequent eviction of a tenant.
This means the tenant does not pay the rental payments in full on the given deadline, including any grace period.
In most non-payment of rental fees, the court rules in favor of the landlord and order for the tenant’s eviction. It generally falls under the principle of if you cannot pay rent, you cannot stay.
Exception:
There is an exception to this principle that would defer the court to rule in favor of the tenant.
The exception would be if you, as the landlord, have failed to ensure your property is inhabitable and safe for your tenants. If that is the case, the court may rule that the tenants do not have reason to pay rental fees in full.
Important Note:
Continuous late payments from your tenants are not the same as failure to pay rent.
2. Damage to Your Property
The second grounds to evict a tenant: how to get rid of them is if the tenant damages your property
Damage to your property is an adequate ground to nullify the lease agreement and evict the tenant.
Damages to your property can include the obvious such as breaking windows and the non-obvious of hoarding; all give you sufficient grounds to evict a tenant.
Exception:
The only exception to this is the rare possibility that your tenant responds with a claim of mental disability.
If that is the case, it does not mean you won’t be able to evict your tenant but the process of eviction will take longer.
3. Violation of the Lease Agreement
A violation of the lease agreement is any time the tenant acts against any provision state in the lease agreement.
This will give you the legal grounds to evict a tenant.
Legally, depending on the violation, landlords may be permitted to terminate the agreement, from 3 to 30 days, should the tenant fail to correct the issue quickly.
- Examples:
- The lease agreement states “no pets permitted on the property” and the tenant has pets on the property
- Having more people on, or living in, the property than are permitted in the lease agreement
- Using the property for any other purpose other than the one specified in the lease agreement
- Being a nuisance to the neighbors and/or community
4. Using the property for illegal and/or drug related activity
If your tenant is involved in illegal and/or drug related activity you have legal grounds to terminate the lease agreement and evict the tenant.
5. Expiration of the Lease Agreement
The final grounds to evict a tenant: how to get rid of them is when the lease agreement expires.
When the lease ends and your tenant has not renewed it, the tenant is expected to leave the property. Unfortunately, there are tenants that do not leave by their expected date.
If the tenant does not leave by the end of their lease, they then become a squatter (insert link).
You, the landlord, must then approach the court for an eviction action against them under the grounds that they no longer have a right to occupy the property.
That completes the top 5 grounds to evict a tenant: how to get rid of them.
Remember:
You must have legitimate, legal reasons in order to move forward with the eviction process. If not, you risk a lawsuit.
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