What Are Common Legal Reasons For Evictions?

If you are renting property to a tenant, you must follow federal, state, and local laws pertaining to the landlord/tenant relationship before you can proceed with an eviction. While the laws may vary, some common reasons supporting an eviction are:

Failure to pay rent

Nonpayment of rent is one of the most common reasons for evictions. An eviction action may be filed if a tenant fails to pay rent when due. The court may give the tenant an opportunity to redeem the tenancy (avoid eviction) if they pay the amount of rent in arrears, costs of the eviction action, court filing fees, and other requirements under the lease.

Violation of lease terms

Most leases contain a clause which gives the landlord a right of re-entry if the tenant fails to abide by the terms of the lease.

Damage to the property

If a tenant is causing serious damage, or “waste” on the property, a landlord has the right to evict because the damage decreases the property’s value.

Illegal use of the property

If a tenant is engaging in illegal activities on your property, you may find yourself legally liable for their misconduct. Drug production and dealing are some examples of illegal activity that can result in heavy fines levied by local, state and federal authorities. Criminal charges can result if a landlord knowingly allows drug dealing/production.

Nuisance

Neighbors and other tenants may sue a landlord if the property has become a public nuisance due to a tenant’s occupation.   

If you have a problem tenant and would like to pursue an eviction action against them, you should contact a real estate attorney. For a qualified tenant eviction attorney in your area, complete our short questionnaire.