Disclaimer: While this information is intended to be informative, it does not replace the need for legal advice. Please contact a qualified legal professional to discuss your situation.
Are you evicting a tenant? I know it’s a decision you don’t want to make, but statistics show it’s a reality for many landlords. A recent study by Eviction Lab found that approximately 3.6 million eviction cases were filed by U.S. landlords each year, highlighting the prevalence of this issue. While evicting a tenant is never ideal, there are times when it becomes necessary to end a tenancy agreement to protect your property and everyone’s safety. This article will discuss 12 legal reasons for eviction, ensuring respect for tenant rights.
[Also Read: How To Kick Someone Out Of Your House Who Is Not On The Lease]
What are the Reasons to Evict a Tenant from a Rental Property?
The eviction process is governed by laws and regulations that balance the landlord’s interest in maintaining control over your property with the tenant’s right to secure and peaceful habitation. Both landlords and tenants must understand these legal grounds for the eviction proceedings, as they inform the rights, responsibilities, and procedures that should followed to ensure that eviction action is lawful and justified. Also, get to know the Legal Reasons for Evicting One Tenant and Not the Other.
Here are the most common lawful reasons to evict residential tenants:
- Intentional Non-Payment or Late Payment for Rent
- Lease Violations
- Property Damage
- Illegal or Disruptive Behavior
- End of Lease Non-Renewal
- Subletting to the Third Party
- Denying Property Access
- Health and Safety Concerns
- Substantial Renovation Plans
- Owner Move-in Or Family Member Occupancy
Recommended Article: Eviction Process for Section 8
1. Intentional Non-Payment or Late Payment for Rent
The National Low Income Housing Coalition (NLIHC) reports that 58% of eviction filings in 2021 were related to nonpayment of rent (source: NLIHC, 2022). As a landlord, timely rent payment is crucial for managing property expenses. However, it’s important to remember that tenants might face unforeseen financial hardships.
If a tenant needs to catch up on rent payments, communication is crucial. Start by discussing the issue directly and providing clear written eviction notices as outlined in your lease agreement and local eviction laws. Explore possible solutions like payment plans or rent assistance programs before considering eviction.
2. Lease Violations
Tenants have a responsibility to follow their lease agreement beyond just paying rent. Common lease violations that lead to eviction include unauthorized pets, exceeding the allowed number of occupants, failing to maintain the property, disturbing other tenants, or damaging the premises. These violations can account for 15-25% of evictions.
To maintain a positive rental experience, you should consistently enforce the lease terms and provide clear written notice of any violations. This allows tenants an opportunity to correct the issue before further action is taken. Remember, the severity of the lease violation, and local laws determine the appropriate course of action. In some cases, fines, mediation, or other solutions are used before eviction becomes necessary.
3. Property Damage
As reported by the National Fair Housing Alliance (NFHA), nearly 20% of evictions in 2023 involved property damage claims beyond normal wear and tear. This includes wall holes, broken cabinets or fixtures, water or fire damage, destroyed flooring, and more. Such damage lowers the property’s value and poses health and safety risks (e.g., mold growth and electrical hazards).
Mostly, landlords deduct repair costs from the security deposit. However, if extensive, intentional, or repeated damage is discovered, you should communicate openly with tenants and provide repair cost estimates for reimbursement. If payments are not received, eviction is the only remedy according to state and local laws. However, working collaboratively towards solutions that avoid eviction and benefit both parties is often preferable.
4. Illegal or Disruptive Behavior
According to the National Apartment Association, tenant actions that threaten the safety and well-being of others are subjected to eviction, costing landlords an average of $3,500. This includes criminal activity, such as drug dealing or vandalism, as well as disruptive behavior, such as excessive noise, threats, or violence. These behaviors put other residents at risk and lead to higher insurance premiums for landlords.
Eviction should be a last resort, so it’s crucial to identify the specific behavior and its severity before taking action. Not all disruptive behavior grounds for immediate eviction. You should follow proper legal procedures, such as issuing warnings, pursuing mediation, or seeking legal action, depending on the situation and local laws.
[Also Read: How Many Noise Complaints Until Eviction Occurs]
5. End of Lease Non-Renewal
In most US states, landlords have a legal right to decline to renew a lease at its expiration date, as long as state/local laws regarding notice are followed. These reasons for eviction must be legitimate and should not based on discriminatory characteristics like race, religion, or disability. They are prohibited by the Fair Housing Act (24 CFR Part 100).
If you decide not to renew a tenancy, you must provide proper written notice (often 30-60 days) to the tenant in advance according to local regulations. This notice should inform them of the lease end date and their obligation to vacate by the deadline. Failure to leave by this time results in an automatic unlawful detainer or holdover eviction process.
Also Read: Notice of Lease Termination
6. Subletting to the Third Party
It is estimated that between 10% and 20% of tenants are subletting without permission, causing landlords to worry about their properties. However, rentals are for use solely by approved occupants listed in the initial application process. This process involves thorough checks on the applicant’s background, financial stability, and references to ensure they are suitable and reliable tenants.
If the lease prohibits subletting without permission, it breaches the terms of the lease agreement. Any unauthorized subletting of the property by tenants brings in unknown risks and violates zoning or insurance. Thus, you should request evidence of the tenant’s authorized occupancy from the start of the tenancy. If you discover unauthorized subletting, communicate with the tenant clearly and outline the outcomes as specified in the lease.
[Also Read: Occupant vs Tenant: What’s The Difference]
7. Denying Property Access
In most states, laws define “reasonable access” rights for landlords and their agents to perform necessary repairs and inspections or show the unit to potential renters with proper notice (typically 24-48 hours) when the property is vacant or nearing the end of the lease. In case of repeated denial of access without a valid reason, the landlord can pursue legal action to remove an uncooperative tenant.
To avoid misunderstandings, you must clearly outline expectations for access in the original lease and provide tenants written warnings first before taking legal recourse. Learn what to do if a tenant changes the lock of a rental property without permission.
8. Health and Safety Concerns
A landlord’s responsibility is to maintain a habitable and safe living environment for all tenants. Any hazardous conditions, building code violations, or unaddressed maintenance issues caused by the tenant during routine inspection need immediate concerns. This includes problems like blocked exits, electrical issues, insect/rodent infestations from filth or clutter, or unauthorized construction/remodeling.
After encountering any health and safety concerns in your rental property, put the problems in writing requiring tenant cooperation to maintain safe housing standards. This allows time for them to make corrections before resorting to the eviction process. Even with the warnings and time, tenants keep neglecting it, you can go forward for legal action.
[Also Read: Who is Responsible for Pest Control When Renting]
9. Substantial Renovation Plans
Significant renovation projects necessitating an empty unit, like major structural repairs, remodeling, or upgrades, also permit evicting tenants in some areas. You must prove that the extent and duration of planned work prevents livability and aim to re-rent afterward. Records of permits, contractor bids, and timelines should back the temporary relocation request.
As a property owner, you should clearly communicate the renovation needs, expected completion dates, and the need for vacant possession through official tenant notices. Offering financial or relocation assistance can incentivize cooperation. Thorough documentation of the project details is crucial for potential court proceedings.
10. Owner Move-in Or Family Member Occupancy
Some leases include “owner move-in” clauses, allowing the landlord to reclaim a rental unit to occupy it long-term or provide it to an immediate family member as a primary residence on a non-speculative basis. To evict tenants under this cause, appropriate notice windows defined in the agreement and local statutes must be followed.
Proper documentation showing intent to personally use the unit, such as home purchase records or job transfers, strengthens an owner’s move-in eviction case if challenged. Provide rental assistance or relocation fees as required.
Recommended Article: Early Termination of Lease Agreement
What is the Eviction Process in the United States
The eviction process in the United States is a legal procedure landlords must follow to remove tenants from a rental property. The process varies by state and even locality due to individual regulations. However, some general steps apply in most cases, including:
- Notice to Leave: You must first provide the tenant with a written notice, often called a Notice to Quit, detailing the reason for eviction and the timeframe for the tenant to respond. This timeframe varies by state, mostly ranging from 3 to 30 days. The notice also mentions options available to the tenant, such as paying the rent or moving out voluntarily.
- Court Filing: If the tenant doesn’t comply with the notice within the specified timeframe, you can file an eviction lawsuit with the court. This lawsuit is sometimes called an “unlawful detainer” action. The process involves filing a complaint and paying associated court fees. Tenants also have the right to appear in court.
- Court Hearing: The court will schedule a hearing where both the landlord and tenant have the opportunity to present their arguments. The judge will then weigh the evidence and decide whether to grant or deny the eviction. Learn what happens if landlord loses eviction case
- Judgment and Enforcement: If the judge rules in your favor, they will issue a judgment for possession, granting you the legal right to evict the tenant. However, the landlord cannot physically remove the tenant themselves. You must involve local law enforcement to enforce the court order and remove the tenant from the property.
[Also Read: Oklahoma Eviction Process]
Reasons for Eviction FAQs
What if the tenant does not leave after the notice expires?
Once notice compliance periods expire without success, landlords can file an eviction lawsuit called an unlawful detainer action in court. If granted, a writ of possession is issued allowing removal by authorities.
Can former tenants contest or dispute an eviction?
Yes, tenants have legal rights to argue their side or claim the landlord is acting unfairly or illegally in any phase of the process. Landlords must follow all regulations precisely to avoid tenant claims of wrongful eviction or other issues down the road. Seek legal counsel as needed.
What records should I keep regarding an eviction?
Maintain thorough documentation of all lease violations, maintenance issues, notices served, payments received, damages assessed, court filings/hearings, locks changed, cleaning performed, and final walk-through condition. Proper records build a stronger legal case and limit potential liability claims later.
What if a tenant leaves belongings behind after being evicted?
Landlords are not obligated to store a former tenant's abandoned items. Most places allow proper disposal of any property left in the unit within a set period (e.g., 15 days) as abandoned. Taking photos before disposal can help protect against claims of stolen possessions later. Consult local landlord-tenant law for abandoned property procedures.
