Evictions Based on Matters Other than Non-Payment
Provided by HG.org
There are additional matters that could lead to eviction other than non-payment of rent, and these issues could cause the tenant to lose out on other opportunities. When eviction is possible, the landlord or property manager usually contacts the tenant in advance, and if necessary, law enforcement officers are available to ensure litigation matters are mitigated or eliminated.
Eviction occurs when the landlord must remove a tenant from the property. This is most often due to no collection of rental payments for at least one to three months. However, there are other possible ways for a person to find an eviction notice on his or her door. The most general reason for an eviction process to start is through destruction of property. When the property manager or landlord discover that the inside of a unit has been damaged intentionally or through recklessness, the tenant may be asked to leave. However, these procedures rely heavily upon state laws and local ordinances. This could permit a greater power over the until to either the tenant or landlord based on these regulations.
Landlords usually do not want to proceed with the eviction process due to the cost in both time and money for cleanup, new tenant processes, repairs and maintenance. The actual cost for evicting someone could exceed $5000. However, when someone leasing or renting a property has not paid, has destroyed part of the property, engaged in illegal activity or similar circumstances, the landlord or property manager is often forced to remove the tenant from the grounds. He or she could pose a danger to other residents, and this may increase the chances of litigation. These instances and others are generally the primary purpose of initiating the eviction of a tenant from a unit, apartment, building or house.
Destruction of Property
Some tenants are argumentative, destructive or violent. Any of these three situations could lead to holes in walls, broken glass, tears in carpeting or broken boards and panels in floor or ceiling. No matter which type of action is accomplished, many other tenants may report the activity to the property manager. If the calls are taken seriously, the landlord may schedule a viewing of the unit or building to determine what course of action should occur next. When it has been revealed that part of the rental property has been damaged, the landlord may initiate the eviction process.
Based on the state laws that affect the tenant-landlord relationship, the landlord may need to contact law enforcement to ensure that the leaseholder or renter does not cause a problem or to mitigate the possibility of litigation. The officer may record and report the event, and this is evidence against the tenant if he or she decides to try to sue. Pictures of structural or other damage may be taken, and extensive notes of the circumstances are generally needed. These may all be used to defend the action to evict a tenant that has destroyed part of the unit or building.
Disputes with the Tenant
Eviction is generally the last step in removing a tenant, but disputes of varying kinds cause this process to become necessary. If the person living in a unit causes problems with other tenants or that lead to the police to engage the landlord or property manager, it is possible he or she may be removed. Other disputes may arise with the landlord such as verbal fights, problems with trash, other property destruction and noise. Illegal activities are often a guaranteed way for a landlord to seek eviction. These disputes arise often with some and only rarely with others. The more complications transpire and the greater concern that arises, the more likely the landlord must take action.
Disputes over the lease usually do not result in eviction unless it becomes a legal matter. However, breach of lease terms is another way for eviction to occur. This may transpire through local police arriving at the scene, drug usage or distribution and immoral actions such as domestic abuse. A breach of lease terminates the rental agreement in most cases, and the tenant may have no recourse. The state laws will affect whether these issues stand in a court of law.
Evictions with Lawyer Help
When eviction is possible, it is important to hire a lawyer to determine if the landlord has cause. Then, the rights of the tenant should be protected and defended so that the lease still stands after eviction has been started.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.