The last few years has seen an escalation in efforts to create a variety of protections for tenants in rental properties. Some are needed to achieve a sense of fairness between landlords and tenants. However, landlords still maintain some fundamental rights to recover possession of their property that have not been affected by the various changes so the pendulum of justice remains balanced.
Years ago, it was not uncommon for landlords to simply change the locks on a rental unit. It was an immediate step that “solved” the landlord’s problem, but it invited all kinds of legal objections. This method was found to violate the procedural due process rights of tenants and now is completely against the law.
Some landlords still resort to this approach in the belief that their tenant has neither the means nor understanding of their rights to fight back. That could be an expensive mistake because it creates a cause of action by the tenant to recover damages against the landlord, even if they are owed money. Follow the correct procedural steps that the experienced attorneys of Evans & Mullinix PA can provide to avoid any of the pitfalls of recovering possession and back rent.
When it comes to evicting a tenant, prevention is key. Landlords should always be on the lookout for signs that their tenants may be engaging in activities that could lead to an eviction. For tenant eviction to be legally enforceable, the landlord must have valid grounds for eviction and follow all relevant state and local laws in the process. The five most common legal reasons for tenant eviction are failure to pay rent, violation of lease terms, criminal activity on the premises, damage to the property beyond normal wear and tear, and breach of quiet enjoyment or nuisance.
If you have rental property, tenant eviction is an unfortunate but sometimes necessary step. Read further to understand those five basic categories of legal reasons that allow landlords to evict a tenant without violating the tenant’s rights.
Five Ways a Landlord Can Legally Evict a Tenant
Failure to Pay Rent
If a tenant fails to pay their rent in full by the due date stated in their rental agreement, they are subject to eviction proceedings. The landlord may give them a grace period, but it is not required before beginning legal proceedings. In many jurisdictions a default notice is a part of the requirements to be proven when you come before a judge after suit is filed. Most rental agreements state that the defaulting tenant must also pay for reasonable attorney’s fees and other collection expenses as a part of the petition to recover possession of the rental unit along with the “damages” or amount owed. These must be in writing for most courts to include them in any judgment.
Violation of Lease Terms
All tenants must abide by the terms in their lease agreements and if they fail to do so, they may be evicted. Examples include having unauthorized occupants living on the premises, keeping pets when prohibited, or failing to maintain tenant insurance policies as required. The tenant should once again be sent an official notification outlining what is expected of them and how long they must comply before legal tenant eviction proceedings can begin.
Criminal Activity on the Premises
Any criminal activity on a property (including any form of illegal drug use) puts both tenant and landlord at risk and is grounds for tenant eviction. Landlords should use tenant screening services to check the criminal histories of prospective tenants and can also conduct regular tenant background checks if they suspect someone is engaging in illegal activity.
Property Damage
If a tenant causes significant property damage, the landlord may want to evict them as soon as possible. Depending on the lease terms and the state laws, landlords may be able to start tenant eviction proceedings without first having sent an official notification. We recommend that the notice step, which can be as short as 3 days, always be a part of this process whatever the reason for eviction.
Noise or Nuisance Complaints
Excessive noise or nuisance complaints from neighbors often lead to tenant evictions. Landlords should document any complaints they receive and consult with their legal representative before acting against the tenant. This is usually under a provision called “quiet enjoyment” which brings a variety of other legal case history into consideration.
Prevention is the best way to avoid tenant issues.
It is much simpler and less expensive to avoid renting to someone who has bad credit or a history of violating their rental agreements. Approved application forms can provide information that will alert you to potential problems. Credit reporting services that specialize in approving tenants is an additional means of learning about both financial and previous conduct by your applicant. The cost of this service is nominal and is usually paid by the tenant as a part of the initial application process.
When considering action, the average time between filing of your legal documents and recovering possession of your property if you awarded a judgment is between 60 and 75 days assuming a tenant fights the process. The time to serve a tenant with papers and their time to respond, appearing in court, waiting for the judgment to become actionable after being awarded possession comprises most of this time. So, plan accordingly and be realistic in what this means from a financial and time standpoint.
Trust the experience that will get you results. Call 913-962-8700 or contact the attorneys at Evans & Mullinix to let them create an excellent rental agreement to avoids legal loopholes and protect your rights as a landlord. If you need to take legal action, they have the knowledge to make this as fast and least expensive as possible.
