Being a successful landlord requires a variety of skills, one of which is knowing when and how to evict a tenant. Overall, understanding why you can and cannot evict a tenant allows you to be a responsible and lawful landlord while also protecting tenant rights and maintaining a peaceful landlord-tenant relationship.
Understanding Just Cause
One of the first things all property owners should realize is that eviction is a legal process that requires a court order to remove the tenant from your property. Understanding the legal grounds for eviction allows you to comply with local, state, and federal regulations that govern landlord-tenant relationships. Without adequate legal grounds, evicting a renter might result in legal consequences such as fines or lawsuits.
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. If your renter fails to pay their rent on time, you can issue them formal notice that they have a set number of days to pay or vacate the property, as required by state law. If the tenant fails to comply, you may file for eviction. Just make sure you respect the conditions of your lease as well as any state and municipal laws that may apply.
Damage to property is another common reason to kick someone out. If your tenant has done major damage to the property that goes beyond normal wear and tear, you can give them a written notice telling them to fix the damage or leave the property. If the renter doesn’t follow the rules, you can file to get rid of them.
A roommate can also be kicked out if they break other parts of their lease. If your contract says that pets aren’t allowed, and your tenant has one, you can give them a written notice to get rid of the pet or leave the property. If the renter doesn’t follow the rules, you can file to get rid of them. All other lease terms are the same.
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
If you have to kick out a roommate, there are a few steps you must take. First, you have to give the renter a written notice that tells them why they are being kicked out and when they have to leave. The next step is to file a case with the court to get rid of the tenant and have it served on them. If the renter doesn’t show up to court, you may be able to get what’s called a “default judgment” in your favor. Lastly, if the renter still won’t leave, you might be able to have the authorities in your area take them away.
Even though it’s never easy, sometimes you have to kick out a roommate. By knowing why you can remove a renter and when you can’t, as well as the steps in the eviction process, you’ll reduce your legal risks and create a fair and polite living situation for everyone.
If you think you might be kicked out of your home, you might want to talk to an expert in property management for help. Talk to a local rental property expert at your local Real Property Management office today.
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