No one wants to go home and find all their material possessions piled up in front of the front door. If it is served with an eviction notice – however, it is certainly possible.
You probably know that an eviction occurs when tenants have to vacate a rental property before the end of the lease. The good news is that good behavior and prompt rent payment is usually enough to avoid such an inconvenient event.
Still, it helps to know the eviction protocol, as well as the rights of the tenant and landlord.
Legal reasons for eviction
It is illegal for a landlord to evict someone in the middle of the lease because they have found someone who will pay more for the accommodation or who just doesn’t like the tenant. That said, there are a number of perfectly valid reasons why a landlord may choose to go through the painful eviction process. Learn what they are and how to avoid such a fate.
1. Non-payment of rent
When a tenant signs on the dotted line, they agree to pay a certain amount each month (usually the first). Failure to do so may result in eviction proceedings, so exercise caution.
Rather than missing your rent payment, ask the landlord for a few extra days to find the money if you need it. If you’ve been otherwise ideal, that probably won’t bother them too much. Get this in writing and find out if there are any late fees.
If, however, you are at least three to five days late with the annuity, expulsion is justified (although this varies from state to state).
2. Incomplete rent payments
If your rent is $ 1,000 per month and you only pay $ 500, it’s unlikely to go well. Again, ask for a few days if you need an extension, but don’t make it a habit.
3. Criminal activity
Selling drugs, guns, or running a methamphetamine lab in your rental? This will likely get you out of the door with a kick.
The vast majority of leases clearly state that illegal activity is not allowed on the property. Therefore – grounds for expulsion.
Controlled substances, illegal possession or use of a firearm, and possession of stolen property are all strong grounds for deportation.
4. Committing an act of domestic violence
A landlord can evict a tenant who commits all kinds of domestic violence. It’s not just a physical assault, however. Such an act includes harassment, kidnapping, interference with detention, endangerment, intimidation, abuse and other hurtful acts.
5. Non-compliance with community health and safety standards
A good tenant thinks about the people around him and keeps the place livable. If you don’t, that’s grounds for deportation.
For example, a tenant must maintain a dwelling at a reasonable standard of cleanliness. This means not letting a rental get to the point where it gives off a foul odor or attracts vermin or rodents. Make sure to clean regularly!
Tenants also cannot make others fear for their safety, so no shouting, threats or fighting allowed.
6. Do not leave a property at the end of the lease
If you don’t move at the end of your lease, the next tenant can’t move in. This will make any owner angry and this is a reason for the eviction.
Avoid eviction proceedings and paying penalties by renewing the lease in advance or simply moving out when you’re supposed to.
7. Breach of the term of the lease by subletting (or subletting)
If you’re renting a place out from an owner, you can’t sublet it to someone else while you’re on an extended vacation or staying with a boyfriend, even if you’re still paying for it.
The person who signed the rental agreement must occupy the unit – unless your agreement allows subletting. Otherwise, the landlord can notify the tenant of the breach and continue with the eviction.
8. Accommodation of an unauthorized tenant
Let’s say you and someone else sign a lease. A third party cannot then move in without being added to the lease by the landlord, even if there is a lot of space.
If it’s something you want to do, bring it up to see if it’s an option and negotiate. Sweeten the pot by offering to pay a little more in monthly rent or extend the lease for another year.
9. Keep an unauthorized pet
Pets are wonderful and great, but they can damage property, cause wear and tear, and sometimes make a lot of noise (especially barking dogs). This is why many owners place restrictions on pets on renters, such as maximum dog weight, number of animals, and types of animals.
If an owner quits after adopting a new dog, things could get risky. Before bringing home new fluffy, feathery, or scaly friends, direct it by the owner to get permission. If it is given, make sure it is added to the lease to avoid problems down the road.
10. Cause significant damage to property
Normal wear and tear is okay, but gratuitous damage (intentional or accidental) does not make the owner happy. Do your best not to puncture drywall, flood the bathroom, or damage the space – unless you want to buy a new one!
The eviction process
Fortunately, there are a number of measures in place to protect both the tenant and the landlord during the eviction process. A person cannot be kicked out willy-nilly! The process varies somewhat, state by state (and even county), but here’s the gist:
- The landlord must provide an eviction notice formally ending the lease. The standard notice is 30 days.
- Then the landlord can sue an eviction court if the tenant does not vacate the property.
- The landlord then goes to a hearing to explain why the tenant needs to be moved.
- If successful, the owner uses local law enforcement on the day of the eviction to speed up the process.
The good news – if you’re unfairly evicted, landlords can’t legally change the locks or throw your stuff on the sidewalk. They must go through this process to pursue a legal eviction.
Moratoriums on evictions during the pandemic
The coronavirus pandemic has hurt the financial stability of millions of Americans. As a result, a moratorium on evictions has been declared by the federal government to keep people safe in their homes until things change.
To qualify, tenants must meet certain criteria, as outlined in our eviction moratorium guide. The landlord can always evict tenants for other reasons not tied to rent, however.
Will the moratorium on evictions be extended?
As of May 2021, the moratorium on evictions has extended its timeline to June 30, 2021. The program has already been extended three times, so there is a chance that it will be lifted again as the world continues to grow. recover from the pandemic.
Follow the rules, know your rights
The rental is a two-way street. As long as you and your landlord treat each other and the property with respect, you shouldn’t have to worry about understanding the potential reasons for the eviction. But if you get an eviction notice, at least you’ll be prepared.
The information in this article is for educational purposes only and does not constitute and is not intended to constitute legal or financial advice. Readers are encouraged to seek professional legal or financial advice if they deem it necessary.