The tenants occupying a residential property represent a stream of income for their landlord. They also represent a source of risk. Tenants can damage a property or put a landlord’s ownership interest at risk through illegal activity.
They can also become a nuisance through a lack of sanitation or loud parties. In some cases, landlords and tenants can work through minor disputes and maintain a positive relationship. Other times, landlords have to take legal action to remove problem tenants from their properties.
Eviction is the legal process through which a landlord can remove a tenant who does not agree to leave of their own volition. When is eviction an option for a landlord?
When a lease expires
Different leases have different durations. Some leases only provide month-to-month rental security. Other leases last for 12 months or possibly longer.
Landlords can evict tenants after a lease expires and they choose not to renew it with a tenant. If the tenant doesn’t leave voluntarily, the landlord can then initiate eviction proceedings to remove them.
When a tenant misses rent payments
Paying rent in full and on time is the most basic obligation for residential tenants. When a tenant has fallen behind on rent, a landlord can potentially use their failure to pay as grounds for an eviction.
When a tenant violates the lease
The terms of a lease often impose restrictions on the use of the property. The tenant may not be able to have overnight guests for multiple days in a row. The lease might prohibit them from keeping pets.
When landlords have proof that tenants have violated the lease through illegal behavior or other conduct, the landlord can potentially seek to remove that tenant. Giving the tenant notice and an opportunity to correct the issue can strengthen the landlord’s case if they need to go to court later.
When a tenant damages the property
There are many ways for tenants to damage a property. Someone might lose their temper and punch a hole in the drywall, kick in a door or break a window.
Tenants can also cause major damage to a property by smoking inside. If landlords have documentation showing that tenants have caused significant damage to a property, they can potentially evict the tenant.
Landlords generally need to document their circumstances and follow state procedure carefully to ensure that they can evict a tenant with minimal delays and expense. Reviewing the issues related to a tenant can help a landlord determine if they have the grounds necessary to pursue an eviction.
