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Reasons for Eviction: The Short List

Reasons for Eviction: The Short List

No landlord wants to force an eviction. It's a pain, causes lots of paperwork, and usually a loss in income.

People don't want to get evicted either, but sometimes it's unavoidable. What are the fail-safe reasons for eviction?

We've got your short list of common reasons below.

Failure to Pay

If your tenant doesn't pay their rent, that's a solid reason to evict them. Your company should have a late policy outlined in their lease.

Each state is different in its exact terms, like how late rent can be. Once their rent is a full twenty-four hours late, give them a notice. Most property managers tape a letter, words down, to their door.

In the letter and in your lease be clear on how many days they have to pay rent. Outline late rent fees and the number of late payments accepted.

With these in place, anything that exceeds the limit is a legally sound reason for eviction.

Lease Violation

Your lease came with terms, like that only the people on the lease can stay in the property long term. If you find out someone is violating lease terms they signed, you have the right to evict them.

Like late payments, you should give your tenant warning before eviction. How long do they have to fix the violation before you take further action?
If they don't fix the violation or pay the fee you fine them, go ahead and evict.

Property Damage

Every landlord knows that property damage happens, even with the best tenants. We're not talking about a broken cabinet or a tiny hole in the wall.

Property damage worth evicting someone changes the health status or livability of the house. If there's a giant hole in the wall because they drove their car through it, that's a reason to evict.

Tenant Disruption/Behavior

If you have a tenant that constantly gets noise complaints, you can evict them. To have a solid case you need proof that the noise disturbances are a pattern, not that they happened one time.

If the cops are involved, get a statement each time they visit and obtain proof of any noise violation tickets. If you have more than two or three instances, it's within your rights to evict.

Illegal Activity

Most of the time property managers deal with illegal activity it's small-scale drug deals going on in the apartment. Small-scale or not, if illegal activity is going on you can evict them within 24 hours.

Serve them a notice to quit and then notify them you're filing for an eviction.

A Squatter or Hold-Over

This is another instance where an airtight rental policy comes in handy.

If you have someone who pays rent but refuses to leave the apartment, things get tricky. When most lease terms are up, they switch to a month by month payment process.

If someone is paying on time, you don't have the right to evict them. It's possible to serve them with a Notice to Quit, but they're not technically doing anything wrong (depending on your lease terms).

Reasons for Eviction

As the landlord, the law is usually on your side if you need to evict a tenant. However, you need to give them a reasonable period to fix their mistake - unless it's a criminal circumstance.

Showing that you've given them a warning and suggestions for reparation that they didn't heed is enough to help you if they take it to court.

The best way to avoid eviction related lawsuits is to have an airtight agreement in the first place. Click here to learn more about how you can save yourself other property management headaches.


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