Questions to ask yourself before evicting a tenant
There is always the chance it will turn into an expensive, time consuming process for you when you’re forced to evict a tenant. Whether they were once a good tenant who went afoul of their lease, or are problematic and must be removed, evictions are seldom neat and tidy.
This is why it’s often a good idea to have an experienced attorney on your side to ensure the eviction process goes smoothly and you can carry on with your business. Even drafting the proper documents requires considerable precision and an eye for detail. A skilled eviction lawyer will put in the extra time now to make sure things don’t become tangled later.
If you think it’s necessary to evict a residential tenant, these are some things you should ask yourself before posting a notice.
Do you have grounds for eviction?
You have rights as a landlord, and if your renter is causing any of the following issues, you most likely have legal grounds to evict:
Violating the lease – Your tenant is renting property from you; therefore, they must obey the criteria they agreed to when they signed the lease. If they don’t, it is grounds for eviction. Remember that in certain cases if the tenant solves the problem, then they probably cannot be evicted. For example, if they own a cat when the lease forbids it, they cannot be evicted if they then get rid of the cat.
Not paying rent – Rent payments are most likely the lifeblood of your business. Laws vary by state, but if your renter does not pay rent on time, and do not pay in full within 3-days of being given a notice, they may be evicted from the property.
Damaging the property or disturbing neighbors – You want to keep your investment protected. If a tenant manages to damage the rental enough to affect the property value, it is legal grounds for eviction. Additionally, if tenants are consistently so loud or cause any other type of disturbance that causes neighbors to complain, it is also grounds for removal.
Criminal activity – If your tenant is conducting illegal activity in their rental, it is almost certainly grounds for eviction.
If you’ve experienced your renters doing any of these things, you most likely have grounds to evict them from your property. Consider speaking to an attorney before posting your notice. They will provide you with the legal guidance necessary to ensure things go smoothly.
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