When Does a “Bad” Tenant Become an “Evictable” One?

October 16, 2019 - rentrescue@admin

When Does a “Bad” Tenant Become an “Evictable” OneLandlords may hope to welcome only perfect tenants into their buildings and properties, but realistically this is never the case. From not paying rent on time to dealing with noise complaints, there will always be someone who can make others around them miserable, which then spills over to the landlord. But when is it right to evict a tenant with some bad habits?

It’s important for landlords to know how to get rid of bad tenants the right and legal way to stay away from lawsuits and claims from the tenant themselves. There are examples of how to do this as well as examples of what constitutes someone being kicked out for being an evictable tenant as compared to just a less-than-stellar one.

Follow the Law First

In California, for example, the law requires a landlord to legally terminate the tenant before evicting them. The landlord must first give the tenant written notice and if the tenant in question doesn’t respond or fix their problems, the landlord has the right to file an eviction lawsuit. For more serious violations, the landlord doesn’t have to give the tenant any option to correct their behavior and instead can opt to evict them right away.

California law, like other states, does outline exact requirements to end a tenant’s contract and place in their building. With different types of notices for termination and procedures required for unique and individual situations.

When can a landlord legally evict a tenant? Here are some causes that give landlords the right to evict.

Failure to Pay Rent

In most states, landlords can evict a tenant for non-payment of rent as well as for habitually late rent payments on their record. This may vary from state to state, so it’s important to be sure what the rules are in your state. Landlords should outline a late rent policy in their contracts and be clear about any grace periods allowed for rent payments.

Violation of Lease

If a tenant has violated the terms of their lease, the landlord is within their rights to evict them. Violations can include violating a no-pets policy, subletting the property to occupants, or failure to abide by policies listed by an HOA.

Damage to the Property

Normal wear and tear happens, this much is true. Dirty carpets, holes in the wall from frames, etc., are not uncommon. However, if the damage goes beyond the norm, such as major scuffs, broken glass, and scratched floors, landlords can take matters into their own hands. However, if the tenant damages the property in a major way, such as water damage or a hole in the wall, and they offer to pay for repairs, this can be something that can keep them in good standing with landlords.

Using Property for Illegal Activities

A tenant can more than absolutely be instantly evicted if they are using their space for illegal activity. While this includes tenants who are distributing substances out of the property, such as illegal drugs or other contraband, it also includes operating a business unlawfully. The reason for this is because a business being operated from the property is a violation of the rental agreement signed when the tenant moved in, as well as their insurance policy.

It helps to bring this violation to the tenant’s attention and give them anywhere between 24-48 hours to terminate their business or face eviction. If, however, it’s found that the tenant is performing illegal activities, such as selling drugs or other illegal trafficking, they need to be evicted immediately and authorities should be contacted.

Landlords should also invest in rent default insurance, which is meant to reimburse you for loss of rental income in the event of a defaulting tenant. Interested in learning more? Contact us or apply for an instant quote today!

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