No matter how meticulous you are with tenant screening and how comprehensive your lease agreement is, tenants can still violate your terms. It's almost unavoidable, which is why consequences are necessary so they won't repeat the mistake. If all measures are still ignored, eviction is your last resort, and here are the reasons for eviction that can justify it.
Most Common Reasons for an Eviction
Failure to Pay Rent
Your rental property's income will suffer if a tenant fails to pay rent, especially non-payment for a single-family unit. There are measures you need to take first such as providing a written notice and optionally a grace period. If the tenant continues to commit lease violations or refuses to pay rent or late fees, you can serve them an eviction notice to begin the process.
Criminal Activity
Even if the rental unit is theirs to live in, they are still prohibited from conducting any criminal activity within the grounds. It can be in the form of drug dealing or committing other crimes like domestic violence. Try and document the illegal activity and alert law enforcement. This can hasten the legal process of an eviction case, especially if you have strong evidence against the tenant and their actions.
Property Damage
Remember that rent payments only cover their stay, amenities, and in some cases utilities. It does not pay for any tenant-caused property damage. You can either charge them for repairs or replacements or require a security deposit beforehand for coverage. If they continue to damage or destroy your property beyond normal wear and tear, you may start eviction proceedings.
Illegal Occupancy
Your lease agreement should clearly state who is allowed to live in the rental unit as well as how many occupants it can hold. You can evict tenants if they have no valid lease or if they allow more than the stated number of occupants to live on the premises. In these situations, you can issue a 30-day notice to quit or a 90-day notice to quit to begin the eviction process.
Unauthorized Pets
Depending on your lease terms, you may be able to evict a tenant if they keep pets without your knowledge or permission. While this may not be your preferred reason for eviction, you have to prioritize the safety of other tenants who rent your units if pets are not allowed within the premises.
Failure to Maintain the Unit
You can evict tenants when they fail to maintain the rental property as stated in the lease agreement. While normal wear and tear is acceptable, they still have to keep the premises clean and habitable. Not doing so may cause risks like pest infestations or mold growth, which can affect other tenants in the building.
What if the Tenant Doesn't Want to Leave?
During the eviction process, the tenant may want to fight the case and avoid eviction. If you win in court and they still refuse to follow the eviction order, you may involve the proper authorities such as the sheriff’s office to evict a tenant. It would still be advisable to consult legal professionals for the entire eviction case to ensure you don't break any laws.
Can a Landlord Evict a Tenant Forcefully?
No, you cannot force tenants to leave, much less physically remove them from the premises. For legal reasons, you must follow the proper eviction process by providing an eviction notice, even if the tenant violates the lease agreement by missing rent payments or conducting illegal activities. If the court rules in your favor, only law enforcement officers can forcibly remove the tenant if they still refuse to vacate the premises.
What Should I Include in an Eviction Notice?
You need to state the clear reason behind the eviction notice, the tenant's name, the property address, the lease term, the notice to vacate, and the date when it was sent. You may also add a cure or quit period, depending on the circumstances.
Does the Landlord Cover Court Costs?
Many landlords cover the costs of eviction proceedings. It can cost between $100 to $200 depending on the complexity of the case, as well as the additional costs for filing and service fees. However, the landlord may also sue the tenant to pay for damages like loss of rental income, as well as repair costs, enforcement costs, disposal of tenant property, and even legal fees.
Ways You Can Avoid Evictions
Eviction can be a lengthy, tedious, and costly course of action. While it's not a guarantee, there are ways you can reduce the probability of having to evict a tenant.
Tenant Screening: Conduct a meticulous tenant screening process to avoid renting to tenants who may not follow the items of your lease agreement. Check for criteria like credit score, criminal history, employment verification, eviction history, and more.
Eviction Mediation: Both the landlord and the tenant can consult an impartial third party to come to a mutually beneficial alternative to eviction.
Cash for Keys: You can opt for the "cash for keys" option, where you pay the tenant to leave the premises and end their occupancy. This option may cost you less than going to court to evict a tenant, and it will take a shorter amount of time to accomplish.
Good Landlord-Tenant Relationship: When your tenants feel like they can approach you, they might be able to share their concerns earlier and you can find a way to address certain reasons for eviction accordingly.
Clear Rental Agreement Terms: Create a rental agreement that clearly outlines all the rules they have to follow, as well as the consequences they get for violating them. This will also benefit you as it will be easier to evict a tenant who clearly broke your terms.
Why Hiring a Property Manager Can Help You
Making sure tenants pay rent and follow other rules can be tiresome, especially if you manage multiple properties at once. Even if you do decide to evict a tenant who violated your terms, there are legal parameters for eviction that you need to take note of such as local and state laws, as well as federal laws.
You can hire legal counsel or you can let us take care of it all. From managing your rental business to resorting to eviction when needed, CRM Properties possesses the expertise to handle it. All that's left is to contact us for your free consultation, and you can earn truly passive income and focus on other profitable ventures.