Eviction is a necessary part of the rental business, but a majority of landlords do not understand what eviction means. In easy words, it means that to properly expel an existing tenant from your rental unit or property. Here the term Legally has been deliberately added to enhance the significance of evicting tenants in a legally acceptable manner.
Usually, landlords think that by changing the locks of their rental unit, they can prevent tenants from entering and thus, perform the eviction. This is known as self-help eviction, and it is a very damaging and illegal approach. Although it seems like the easiest way to quickly evict tenants, this kind of evacuation is illegal. You might get into big trouble if you try to remove the tenant by changing locks or shutting off utilities like gas, water or electricity supply. Do not take matters into your hands and follow the right eviction process and hire an eviction attorney.
In most counties, the standard eviction process includes sending a lease termination notice to the tenant and if he or she fails to abide by, consulting the local eviction court and attending the hearings. The termination notice is generally considered the first step. You need to tell your tenant concerning your decision of terminating the lease or agreement. You can read more about it at https://expressevictions.com/palm-springs-eviction-lawyer/
If you want to vacate a fixed-term lease before expires the lease agreement, you need to have a valid reason to do so. The cause must justify the decision of eviction. Conversely, month-to-month settlements are more comfortable to be terminated.
Now, here we are describe the five most common reasons for evicting your tenant:
- Unpaid Rent or Non-Payment of Rent
If your tenant is not paying rent, then you have every right to remove. A majority of courts and judges usually give the verdict in favor of the landlord if the tenant has stopped paying rent. However, if the tenant proves that the landlord has failed to provide habitable accommodations, then non-payment of rent will be considered justified.
- Violation of Terms of Lease
If the tenant has violated any clause of the lease, then the landlord is allowed to terminate the contract between 3 to 30 days. The violation involves a number of aspects such as the tenant have pets at a property where pets are not allowed; tenant is inviting unapproved guests or occupants for extended period without the permission of the landlord, subletting without landlord’s approval, noise complaints or using the property for commercial purposes without consent or endorsement of the landlord.
- Damages to Property
Even though a majority of tenants do not cause intentional damage to the property, the landlord has the right to evict tenants based upon this issue. If you feel that the tenants are careless and your property will consistently be receiving wear and tear due to their attitude, it is your right to evict them.
- Performing Illegal Activities in Your Rental Property
For instance, selling or making drugs is not legally allowed, and if the tenant is found to be involved in any such action, then the law will enable landlords to evict him/her immediately. When a resident commits a crime, the local law enforcement would take notice and deal with the person according to the law. Therefore, it is better to skip trouble by removing tenants performing illegal activities using your property. The rules are so strict in most of the states regarding illegal activities by tenants that landlords can send a 24-hour eviction period notice or even less.
- Expired Lease
In case of natural expiration of the lease and tenant refusing to move out, the landlord can get the tenant evicted. In this regard, it is not required to send a legal termination notice, and if the problem persists, the landlord can go to the court and file an eviction action case against the tenant as soon as the fixed term lease expires.
These are the top five reasons due to which landlords can evict their tenants. However, in this regard, following the law is highly relevant. If the tenant does not pay attention to the termination notice, you should file a case and let the judge decide for the next step.