Evicting Tenants For Breaking Local Laws: A Guide For Landlords

Evicting a tenant is a complex process that varies by jurisdiction, but there are some general steps that landlords must follow. Firstly, landlords need a valid reason to evict, such as non-payment of rent, lease violations, or illegal activity. They must then provide tenants with a written eviction notice, allowing them time to rectify the issue or vacate the property. If tenants don't comply, landlords can proceed with a court case, which may result in an eviction order from a judge. This order will be carried out by law enforcement, who will remove the tenants and their belongings from the property. Evictions can be costly and time-consuming, so landlords may explore alternatives, such as offering cash for keys. Understanding local laws and following the correct eviction process is essential to avoid legal consequences.

Criminal activity

If your tenant is involved in criminal activity, you will likely want to end the tenancy as soon as possible. However, it's important to follow the correct protocols involving eviction to avoid owing the tenant money or ending up with a judgment against you.

Firstly, you must inform the tenant in writing of their breach of contract. If they do not fix the problem or move out, you will need to go to court to get an order for them to move out. The eviction process can take 30-45 days, or longer.

Even if a tenant is involved in illegal activity, you must still follow the correct eviction process. You cannot simply evict a tenant yourself, and you must have clear evidence of the criminal activity. Document everything, including reports from neighbours or other tenants, records of unusual utility bills, and any anonymous information from witnesses.

If you are unsure of the local or state laws regarding criminal activity in rental properties, consult an attorney who specialises in property law. They will be able to guide you through the eviction process and ensure you do not make any procedural mistakes.

You may also want to contact the police if you have a well-founded idea that a tenant is partaking in illegal activity. They may be able to provide you with relevant information and evidence to support an eviction. Remember, the eviction process must still be carried out even if the tenant is arrested or convicted of a crime.

To make the eviction process smoother, ensure your property lease includes a clause that forbids criminal conduct or illicit drug activity. This should also extend to any guests of the tenant. While many states allow for eviction in these circumstances, having this clause in the lease will strengthen your case.

Lease violations

Non-payment of Rent

The primary cause of eviction is the failure to pay rent on time. Lease agreements stipulate the due date for rent payments, and even a single late payment can constitute a lease violation. Landlords can issue a "pay or quit" notice, demanding payment of the amount due by a specific time. If the tenant fails to settle their debt by the deadline, the landlord can proceed with eviction.

Unauthorized Pets

Many landlords have strict pet policies, which are outlined in the lease agreement. If a tenant brings an unauthorized pet onto the property, the landlord can impose a fine and, if the situation is not remedied, move forward with eviction. Photographic evidence is crucial in these cases.

Property Damage

Property damage is a serious issue that can be time-consuming and expensive to fix. Landlords should conduct a property inspection and document the condition of the property before a tenant moves in. If damage occurs during the tenancy, the landlord can hold the tenant accountable and, if necessary, initiate eviction proceedings.

Illegal Activity

Engaging in illegal or criminal activities on the rental property is a severe breach of the lease agreement and gives the landlord grounds for immediate eviction. This includes criminal activity on or off the premises directed at the landlord or their agent.

Noise Complaints

While a single noise complaint may not be a sufficient reason for eviction, repeated neighbour complaints about excessive noise can constitute a pattern of lease violations. Landlords should be mindful of local laws and the specific terms of the lease agreement when addressing this issue.

Unauthorized Guests

While tenants are generally allowed to have guests, long-term guests can be considered unofficial tenants living in the property without the landlord's permission. Landlords should include limitations in the lease agreement regarding the maximum number of days guests are allowed to stay, and outline the consequences of a violation, such as increased rental fees or termination of the lease.

Commercial Use of Property

Leased properties are intended for residential use only. If a tenant is using the property for commercial purposes, such as receiving clients or large quantities of supplies, the landlord has the right to put a stop to it and may initiate eviction proceedings if the tenant does not comply.

It is important to note that eviction should not be the first response to lease violations. Landlords should attempt to resolve issues amicably and give tenants the opportunity to rectify the situation. Eviction proceedings should be a last resort and will vary depending on local and state laws.

Non-payment of rent

• Record all payments: Keep detailed records of when the rent is due and when it is paid. Confirm the date, amount, and time period the money refers to with your tenant by sending them a receipt. This documentation will be crucial if the case goes to court.
• Communicate with your tenant: Find out why your tenant has missed payments by discussing the issue with them. Try to agree on a solution, such as allowing them to pay in instalments or pointing them towards housing benefits or money advice agencies.
• Send a letter or email to the tenant: Inform your tenant of the amount of rent money owed and insist that all future payments are made on time as mentioned in the tenancy agreement. Outline the process of non-payment of rent resulting in a court application and repossession of your property.
• Contact the guarantor (if applicable): If you still haven't received the rental payment two weeks after the due date, send the tenant another letter and contact the guarantor, explaining that the tenant's missed payments breach the tenancy agreement.
• Repossess your property: If your tenant still hasn't paid the rent and isn't responding, you can take legal action. In most cases, landlords are required to obtain a court order, known as a 'possession order', before they can evict a tenant.
• Serve a notice of eviction: There are two types of notices, depending on the reason for repossession:

• Section 8 Notice: Informs the tenant that they have broken a particular clause of the tenancy agreement and must pay within a specified period (usually 14 days) or leave the property.
• Section 21 Notice: Used to repossess your property without evicting the tenant for a specific reason. This notice can be served at the end of a fixed tenancy or during a periodic agreement.

• Apply for a court hearing: If your tenant doesn't comply with the notice, you can proceed with the eviction by applying for a court hearing. The judge can order the tenant to move out and pay any rent arrears and associated fees.
• Rent arrears and court proceedings: The court can take various actions, such as ordering the tenant to move out, pay rent arrears and expenses, or comply with specific terms to remain in the property.
• Get landlord insurance: Consider obtaining landlord insurance to cover any missed rent payments and handle the eviction process on your behalf.

Property damage

As a landlord, property damage is a serious issue that can result in significant financial losses and disruption. Here is a comprehensive guide on dealing with tenants who damage your rental property, focusing on the steps you can take to evict them for breaking local laws:

Understanding the Rental Agreement:

Before considering eviction, it is crucial to refer to the rental agreement, a legally binding document outlining the rights and responsibilities of both landlords and tenants. This agreement should cover various aspects, including renovations, rent payments, lease duration, and advance payments. Importantly, it should also specify the consequences for breaching these terms, including property damage.

Determining the Severity of Damage:

Not all instances of property damage warrant eviction. Minor mishaps, such as accidental breakages or scratches, may not meet the threshold. Landlords often address such issues without resorting to eviction, especially if the damage is inconsequential and does not impede the property's functionality. For example, a tenant who breaks a door handle may not face eviction if they promptly rectify the damage or reimburse the landlord for repairs.

On the other hand, significant structural damage or repeated instances of vandalism can prompt eviction proceedings. Landlords have the right to expect their property to be maintained in a reasonable condition, and egregious damage may constitute a breach of the rental agreement.

Documenting the Damage:

When dealing with property damage, it is crucial to act quickly and document the extent of the damage. Take detailed photos and videos of the damage, ensuring they are time and date-stamped. These documents will serve as critical evidence, whether you seek compensation through the tenant's security deposit or legal action. It is also essential to notify the tenant about the damage and give them a chance to resolve the issue amicably.

Initiating Eviction Proceedings:

If the tenant refuses to cover the costs of the damage or if the damage is significant, you may need to consider eviction for breach of lease terms. The first official step in the eviction process is to serve the tenant with a written eviction notice, stating the reason for the eviction and giving them a set time to cure the lease violation. The type of eviction notice and the required notice period will depend on state and local laws and the specific circumstances of the case.

Following Proper Eviction Procedures:

After issuing the eviction notice, if the tenant does not rectify the issue or vacate the property, you can proceed with the eviction process through the court system. This typically involves filing court forms and may lead to a trial where both parties can present their evidence. Remember that you cannot change the locks, shut off utilities, or remove the tenant's belongings to force them out, as these actions are illegal and can result in legal consequences.

Understanding Tenant Rights:

It is important to note that tenants have specific rights protected by state and federal laws. For example, tenants have the right to remain in their homes until a court orders them to move out. Additionally, landlords cannot evict tenants without a valid reason, and there are specific procedures that must be followed to ensure a fair process. As a landlord, it is crucial to be aware of these laws and regulations to avoid legal repercussions.

In summary, dealing with tenants who damage your property can be a challenging situation. While eviction is an option for severe cases or breaches of lease terms, it should be viewed as a last resort. Effective communication, adherence to the rental agreement, and fair resolution of disputes are essential for fostering a positive rental experience for both landlords and tenants.

Illegal activity

If you suspect illegal activity, it is recommended to document everything, including reports from neighbours, records of unusual utility bills, and any other relevant information. It is also advisable to consult an attorney, especially one specialising in property law, to ensure you are complying with local and state laws. Involving the local police or narcotics division can also help provide evidence for an eviction.

Once you have sufficient evidence, you can send an eviction notice to the tenant. This written notice should state the reason for the eviction and give the tenant a set period to rectify the issue or vacate the property. After sending the notice, you will need to wait for the required amount of time before filing for eviction with the court system. A judge will hear both sides and make a decision. If the eviction is granted, law enforcement can then physically remove the tenant and their belongings from the property.

It is important to note that landlords cannot change locks, shut off utilities, or remove a tenant's belongings to force an eviction. Such actions are considered serious offences and can result in legal consequences. Therefore, it is crucial to follow the proper legal channels when evicting a tenant for illegal activity.

Frequently asked questions