In order to begin the eviction process, you, as a landlord, should first give the tenant a written notice. If the tenant does not do what the notice asks, you will file an unlawful detainer case in court once the notice period ends. You need to be sure that you have some valid reason to begin an eviction process.
Legal Reasons to Evict a Tenant
- Nonpayment of Rent and Expiration of Lease
The most common reason for lease termination and eviction is nonpayment of rent. It is an easy idea to understand: “if you do not pay, you cannot stay”. Most courts and judges are strict regarding this, and build very little exceptions to permitting a non-paying tenant to stay in the unit.
Every sensible factor should eventually return to an end. However, sometimes, a tenant refuses to move out. If the lease has expired by agreement or terminated with correct notice, then the tenant no longer has any right to occupy the rental property. This is enough reason to file an eviction action in court.
- Lease Violation
The second most typical reason for eviction is once a tenant violates a lease clause. Many violations will allow the owner to terminate the lease if the issue is not corrected quickly (anywhere from 3-30 days).
Here are the foremost common lease violations:
- Unauthorized Pets
Having pets when none are allowed, or having a lot of pets than what is allowed.
- Extended Guests or Unapproved Occupants
Many residents suppose that they will move their boyfriend or girlfriend into the unit while not asking – for as long as they need. However, most leases do not enable any occupants apart from those listed on the lease.
- Unapproved Subletting
Most leases grant a resident “exclusive” rights to occupy the home. This means that the owner cannot rent it to anyone else, however it conjointly means that the tenant is under a similar restriction. Most thorough leases disallow subletting while not previous approval.
- Improper Use
Many administrative or home-based business is allowed to work out of a residential home, however, typically a tenant can take it too much. As an example, it might be okay for the tenant to open up a Mary Kay business from the rental unit, but probably not a welding shop, car wash, or a doggy day spa. A “residential” lease ought to be used for residential functions and not occupied by a high traffic business.
- Nuisance Complaints
The neighbors can solely place up with such a lot of loud parties. If highly nuisance complaints are filed against your tenants, the department of local government can truly amercement the owner. At the primary sign of bother, it is informed your tenants that repeat noise complaints are a lease violation.
- Property damage
We have all detected the wild stories of tenant harm. Sadly, the bulk of tenant harm is not intentional – however, rather caused by a lack of common sense. In the South, pools are common, but if they are not maintained frequently, there may be irreparable harm to the pool instrumentality. We have even heard a couple of tenants who put in his own skylights as a result of his woman needed to put in bed and look at the stars. whereas romantic, and slightly Swiss-Family Robinson-ish, it caused over $5,000 in roof and water harm. Hoarding may also cause property harm and might be a sound reason to terminate the lease as long because the person is not claiming that it is a mental incapacity.
- Illegal or Drug connected Activity
When a resident is committing against the law, the police, and therefore the authorities need to understand that you will be evicting this bad tenant. There is very little grace granted to drug-dealers. In most states, including Rhode Island, Oklahoma, and Ohio, a landowner able to terminate a lease with twenty-four hours (or sometimes less) notice for drug or crime-related activity. In Texas, a landowner can even instantly terminate the lease of a tenant who is condemned by public indecency (Sec. 91.003). Click here to read more about sec. 91.003 for better understand.
Eviction notices are not court forms, however several of the notice forms are often purchased in stores that sell legal forms. Confirm the form you utilize meets the necessities of current law, as a result of if there are mistakes in the notice, you may lose the case automatically.