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for what reasons can a landlord evict you

by Mattie Bednar Published 1 year ago Updated 6 months ago

Reasons Why a Landlord Can Evict You

  • Tardy With The Rent. If you don't pay your rent, your landlord may evict you. Before doing so, he must give you a...
  • Violations and Criminal Conduct. If you violate your rental agreement, your landlord must give you a three-day notice...
  • Outstaying Your Welcome. If you have a fixed-period lease, you have to move out by the end of the...

Legal reasons for eviction
  • Non-payment of rent. ...
  • Incomplete rent payments. ...
  • Criminal activity. ...
  • Committing an act of domestic violence. ...
  • Not abiding by community health and safety standards. ...
  • Not vacating a property when the lease is up. ...
  • Violating the term of the lease by subletting (or subleasing) ...
  • Housing an unauthorized tenant.
May 25, 2021

Full Answer

Can a landlord charge future rent on an evicted?

Can A Landlord Charge Rent After Eviction? After a tenant is evicted from a property, the landlord can no longer charge them monthly rent. The responsibility of covering rental costs until the unit is re-rented are transferred to the landlord, and upcoming rent will be covered by their business.

How long does a landlord have to evict you?

master:2022-04-13_09-33-18. In most states, landlords must provide 30 days' notice to end a month-to-month tenancy. (There are a few exceptions, such as North Carolina, which requires only seven days' notice, and Delaware, which requires 60 days' notice.) See the chart below for the rule in your state.

Can the landlord cancel the process of an evict?

Since it is the landlord who starts an eviction, the landlord can always cancel the eviction. She can withdraw the eviction notice, withdraw the wrongful detainer complaint and even cancel the eviction after the court has ruled in her favor on unlawful detainer.

Can a landlord hold personal property from an evicted tenant?

A landlord may be obligated to hold your personal possessions following a court judgment for special detainer or forcible detainer (evictions), or subsequent lock-out by a constable or other authorized personnel (execution of a court authorized writ of restitution).


What are grounds for eviction in Florida?

Florida state law recognizes several valid claims for eviction, including:Failure to pay rent.Violation of lease.Damage to rental property.Lack of basic property maintenance.Disturbing the peace.End of lease.

Can a landlord evict you without going to court in PA?

YOUR LANDLORD CAN ONLY EVICT YOU BY GOING TO COURT, which usually involves these important steps: 1. Written notice. Unless your lease says otherwise, your landlord must give you a written notice before filing an eviction case against you.

Can a landlord evict you for no reason in NY?

Can a landlord evict you for no reason? The short answer is no. Landlords have several guidelines to follow regarding evictions and will need to take tenants to housing court prior to giving them the boot. The most common reasons a landlord may move to evict fall into two categories: nonpayment and holdover.

Can you be evicted in Washington State right now?

The Washington state eviction moratorium ended June 30, 2021. The “bridge” proclamation, where the Governor continued temporary protections for tenants with unpaid rent due, has also ended as of October 31, 2021. Evictions for not being able to pay rent are allowed again.

What a landlord Cannot do?

Landlords cannot enter tenanted properties without giving proper notice. Landlords cannot arbitrarily end someone's tenancy before the lease expires. Arbitrary, mid-lease rent increases are not permitted unless specified in certain circumstances in the lease or by the municipality.

How long does an eviction take in Pennsylvania?

If the eviction is NOT for failure to pay rent, the landlord must give you 15 days notice if the lease is for 1 year or less, and 30 days notice if the lease is for more than 1 year. If the eviction is for nonpayment of rent, the landlord must give you 10 days notice.

Can a landlord give you notice for no reason?

PRIVATE landlords are allowed to turf out tenants without any reason - and it's completely legal. The law - known as Section 21 - means a landlord can ask you to move out with two months notice, without needing a particular reason. And record number of renters are being evicted from their homes under these terms.

Does eviction affect credit score?

Being evicted from your home can be traumatic, but it won't affect your credit unless you're sent to collections for failure to pay any money owed. Eviction can hurt in other ways though: It's costly, can disrupt employment and schooling, and it can make it harder to find another place to rent.

Can a landlord kick you out?

Your landlord must follow strict procedures if they want you to leave their property, depending on the type of tenancy agreement you have and the terms of it. If they do not, they may be guilty of illegally evicting or harassing you.

How long does the eviction process take in Washington state?

Evictions in Washington State generally take around three weeks from start to finish, but this can vary. There are many variables that impact the length of time the eviction process will take. Below is a sample timeline for eviction due to non-payment of rent.

How do I stop an eviction in Washington state?

Talk to Your Landlord You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease.

How much notice does a landlord have to give in Washington?

Landlords Must Give 14 Days' Notice to Pay Rent or Vacate If a landlord wants to evict a tenant for not paying rent, they must now give their tenant 14 days' notice to pay or vacate. Before, it was 3 days' notice. What should landlords do?

How much notice does a landlord have to give a tenant to move out in PA?

How much notice does a landlord have to give a tenant to move out in Pennsylvania? In the state of Pennsylvania, for a lease that is one year or less in length, a landlord can give a tenant 15-day notice to leave. For leases over one year, landlords can give a 30-day notice to leave from the date the lease ends.

What is the process to evict a tenant in PA?

Step 1: Notice is Posted. Landlords in Pennsylvania can begin the eviction process for several reasons, including: ... Step 2: Complaint is Filed and Served. ... Step 3: Court Hearing and Judgment. ... Step 4: Writ of Possession is Issued. ... Step 5: Possession of Property is Returned.

How much time does a landlord have to give a tenant to move out in Pennsylvania?

For lease or rental agreement violations, the landlord must give the tenant 15 days to move out (for lease terms of one year or less) or 30 days (for leases of one year or more).

Can landlords evict tenants at this time in PA 2022?

1, 2022. Landlords are only able to evict tenants after going before a judge and the judge finding in favor of the landlord. Once the judge issues a judgment allowing for eviction of a tenant, the landlord must wait at least 10 days to file a Request for Order of Possession of the property.

What is the most common reason for eviction?

The most common reason for eviction is non-payment of rent, which includes late payments as well as bounced checks.

On what grounds can a landlord evict you?

There are four main reasons to evict someone: non-payment of rent, property damage, use of the property for illegal reasons, and lease violations l...

Can a landlord evict you for no reason?

No. Personal bias or a desire to simply vacate the property are not valid reasons to evict someone. The cause must justify taking such drastic acti...

Why do landlords send out notices of eviction?

Here's a look at seven perfectly valid reasons for sending out a notice of eviction. Failure to Pay the Rent or Habitually Late Payments . In an ideal world, tenants would pay their rent in full and on time every month; but unfortunately, this doesn't always happen. In most states, landlords can evict a tenant for non-payment of rent, ...

What happens if you don't want a tenant in a unit?

Tip: If you decide that you don't want a tenant in the unit anymore, you'll have to provide them with a Notice to Quit before you can consider evicting them. If the tenant's lease has expired, and they are NOT paying rent, then it's within your rights to pursue eviction.

What happens if a tenant damages a house?

While normal wear and tear is to be expected, in some cases, tenant damage may go beyond the minor scuffs on the baseboards or nail holes in the wall. When damage goes above and beyond normal use, it's time to take action. Thing that are considered to be excessive include knocking huge holes in the wall, causing significant water damage, or letting the property decline to the point that it becomes a health and safety hazard. However, if the tenant damages the property and is willing to pay for repairs or make the repairs themselves, it may not be worth pursuing eviction. After all, a tenant who is willing to fix their mistakes is probably a renter that's worth keeping.

What should a landlord document?

A good landlord should document every payment they receive , whether on time or late, to create a paper trail. Violation of the Lease. If you discover that your tenant violated the terms of the lease, you are within your rights to evict them.

How long can you be late on rent?

Keep in mind, though, that the exact terms; such as how many days the rent can be late, will vary from state to state. Because eviction is a legal process, you'll need to make sure that you're following the laws of the state where the property sits.

How long do you have to give notice to terminate a lease?

Tip: In most states a landlord can terminate a lease with 24-hours' notice, or less, for criminal or drug-related activity.

Can you be evicted from a rental property?

A tenant can be evicted if they are using the premises for illegal activity. While this includes tenants who are distributing illegal substances out of the property, it also includes occupants who are operating a business out of the home, even a legitimate one. This is because operating a business from the property is a violation of the rental agreement and insurance policy, and could also be breaking zoning laws. As such, the tenant could be evicted from the property. In cases like this, be sure to serve the tenant with a Notice to Quit, notifying them that you are filing an eviction because they've used the property in an illegal manner.

What is the legal reason for evicting a tenant?

1. Late Rent. Probably the most common legal reason to evict is late rent, or when the tenant fails to pay the rent by the due date specified in the rental agreement. While it is up to you whether to work with the tenant on making payment arrangements or deliver a pay or quit notice, you are entirely within your legal rights on both. ...

What does illegal use mean in eviction?

While many people equate this legal reason to evict with shady drug deals or gambling rings, illegal use can simply mean that the rental property is being used for another purpose than what it is zoned for. A good example of this is if a tenant decides to open up a business in the rental unit, like a nail salon, daycare or financial consulting office. If you discover the tenant is running a business from the unit, the tenant is violating the lease agreement and using the property illegally. There are also issues with state requirements, such as health and safety codes, liability for customers and so forth. While drug deals and other illegal activity are certainly grounds for eviction, illegal use is a much bigger umbrella for tenant activities.

Why does my tenant keep chanting loud music?

Yet another reason could be that the tenant constantly disturbs others with loud music or other activities. When a tenant violates the lease agreement , you are within your legal rights to issue the appropriate comply or quit notice. This notice gives tenants a chance to make changes to their behavior.

How long does it take to pay rent in Nevada?

In Nevada and Arizona, it’s five days, while in states like North Carolina, tenants have 10 days to pay rent. Whatever your state’s laws outline, make sure it is reflected in your pay or quit notice. 2. Lease Agreement Violation.

How long does a tenant have to pay rent?

For example, in Alabama and Texas, the tenant has seven days from the delivery of the notice to pay rent or ...

What is an example of a tenant?

A good example of this is if a tenant decides to open up a business in the rental unit, like a nail salon, daycare or financial consulting office. If you discover the tenant is running a business from the unit, the tenant is violating the lease agreement and using the property illegally.

What are some examples of lease agreements?

One example of this might be that the tenant is allowing someone to live there who is not on the lease agreement, such as a relative or love interest. Another example is that your lease agreement specifically outlines the parking rules for each unit and your tenant or their guests are constantly parking in stalls that are not assigned to the unit.

How much notice do you need to give a landlord to evict you?

The landlord must give you at least 60 days' notice. You can move back in when the work is done.

How long do you have to live in a rental unit after eviction?

Your landlord must first offer you a comparable unit within any property he owns. If you've lived in a rent-controlled unit for more than 12 months, you're entitled to relocation money at a rate set by the state.

How long does a landlord have to give you to quit a lease?

If you rent on a month-to-month basis, your tenancy continues until your landlord serves notice to quit. Generally speaking, your landlord must give you 60 days' notice to end the tenancy, reduced to 30 days in limited circumstances.

What happens if you don't pay rent?

If you don't pay your rent, your landlord may evict you. Before doing so, he must give you a written three-day notice accurately stating the amount of rent that is due and the name, address and telephone number of the person to whom you should pay the rent. The notice gives you the opportunity to correct the violation.

How long do you have to give notice to your landlord?

If you violate your rental agreement, your landlord must give you a three-day notice describing the violation. If the violation is curable, for example, you have a dog in breach of a no pets clause, you have three days to fix the problem. Oftentimes lease violations can't be corrected. For example, you may be using your unit for an unlawful purpose, such as turning the property into a daycare center, or committing certain crimes at the property, such as drug dealing or domestic violence. In this scenario, your three-days notice orders you to move out before the three days is up.

How much notice do you have to give for an eviction under the Ellis Act?

You're entitled to at least 120 days' notice and relocation expenses, at a rate set by the state. av-override. ‒‒:‒‒.

Can a landlord evict you for nonpayment?

Pay up before the expiration of the notice, and your landlord cannot evict you for that particular non-payment. If you do nothing, the notice brings your lease to an end. The landlord may now start a court action seeking an court order that will evict you.

How long do you have to live in a house to evict someone?

Rules will vary by state. Some states require that you plan on living in the unit for at least three years.

Why is a tenant a liability?

They are creating a liability for themselves and for you because the property is not zoned for business use and does not meet the proper health or safety codes for such. If a customer was injured, the customer would attempt to come after the tenant and after you, the landlord, for any damages.

How long does a landlord have to notify tenants of a withdrawal from a lease in New Jersey?

In the state of New Jersey, a landlord must notify all tenants of the intention to withdraw the property by providing them with a Notice to Quit at least 18 months in advance and cannot remove the property until all tenants’ leases have expired.

How long do you have to give notice to evict a tenant in New Jersey?

The time frame will vary by state. In the state of New Jersey, this notice must be given at least three months before you are able to file for eviction.

What happens if you breach a lease agreement?

If they breach the terms of the lease they have signed, you can file for an eviction. Before filing for the eviction, you must first present them with a Notice to Quit. After filing, a judge will then determine if there are legitimate grounds for an eviction. Some common breaches to a lease agreement include:

Why do you have to serve a notice to quit?

You must serve the tenant with a Notice to Quit, informing them that you will be filing for eviction because they have used the property in an illegal manner.

What happens if a tenant attempts to operate a business out of a unit?

If the tenant attempts to operate a business out of that unit, they are using the property illegally. For example, a tenant who attempted to operate a hair or nail salon out of their unit would be violating their lease agreement, as well as local zoning ordinances. They are creating a liability for themselves and for you because ...

Why is it important to understand the purpose of an eviction?

Simply put, an eviction is the legal process by which a landlord removes a tenant from a rental property. Many evictions occur because the tenant has not paid rent or is habitually late in paying the rent.

What is the process of eviction?

Evictions can be a convoluted and complicated process as there are many misconceptions about what the landlord can and cannot do related to this process. An eviction must always start with the landlord giving the tenant an eviction notice. An eviction notice, as scary as it is for a tenant to receive, is not the eviction itself. When a tenant is served with an eviction notice, they still have rights and options. The eviction notice may be presented as a legal document, but it must meet strict requirements before a court will consider it valid. This guide discusses the intricacies of eviction notices and provides a brief overview of the eviction process. As with all landlord/tenant law, the laws surrounding eviction are highly state-specific. After providing an eviction notice, a landlord should consult with a lawyer in their state to find out more about the laws in their jurisdiction if they decide to move forward by bringing an eviction action in court.

What is the grievance on an eviction notice?

Often, these grievances involve accusations of a tenant breaking the terms of the lease.

How long does a landlord have to give a tenant an eviction notice?

The time period given is usually 3-5 days. If the tenant pays the full amount in the given time, there can be no eviction on this notice. The landlord must start all over again with a new notice and a new time period if there are other violations that need resolution.

What is required to be included in an eviction notice?

In any jurisdiction, an eviction notice must provide all the information a tenant may need to understand the landlord's reason for eviction, as well as all of the information they need to respond within the required time frame, in order to be valid. Legal eviction processes begin only if a tenant does not use that information and respond appropriately before the deadline. Courts determine what kind of information is necessary and how it must be presented.

How long does it take to get an eviction notice?

The time allowed under state law for such a notice is usually thirty or sixty days, but may be as short as twenty days or as long as ninety days. There may be different time periods if the tenant has lived in the unit for a long period of time or is a senior citizen or has a disability.

What happens if a tenant is late paying rent?

Even if a tenant is late paying rent or has otherwise violated their lease, landlords usually have a duty to follow the process, including legally ending the tenancy before suing to evict the tenant. If a landlord wishes to evict a tenant, they must follow these steps: 1.

What could cause a landlord to file a retaliatory eviction?

Tenant actions that could cause a landlord to file a retaliatory eviction: Your tenant reports you to the health department because of a mold problem in their unit that is caused by a roof leak you have not fixed.

Why does my tenant pursue legal action against me?

Your tenant pursues legal action against you because he or she slipped on ice on the front stairs of the property and broke their leg. You did not salt or shovel the stairs.

What is discriminatory eviction?

A discriminatory eviction is an eviction based on the tenant being a member of a certain class. You cannot evict a tenant because you don’t like the color of their skin, the religion they practice or the fact that they have children.

How long does it take to evict a tenant?

The tenant deducted the amount of the repair from their monthly rental payment. If you attempt to evict a tenant within three to six months after their complaint or legal action against you, a judge may determine that you are simply trying to retaliate against the tenant. You can still file to evict a tenant who has complained or pursued legal ...

Can you evict a tenant who is not paying rent?

It can be very difficult to evict a protected tenant from a property, even for legitimate reasons such as nonpayment of rent.

Can you evict a tenant who has complained?

You can still file to evict a tenant who has complained or pursued legal action against you if you have legitimate grounds for an eviction, such as nonpayment of rent or other breaches to the lease agreement .

Can you evict a tenant for a tenant conflict?

Every landlord tenant conflict is not grounds for eviction. Evicting a tenant to get back at them for an action you did not approve up will not hold up in court. You cannot evict a tenant because they have made you angry by complaining or by legally reporting you to a housing authority. An eviction based on retaliation is known as a retaliatory eviction and it is illegal.


The Eviction Process

  • Fortunately, there are a number of steps in place to protect both the tenant and the landlord during the eviction process. A person can't just be kicked out willy-nilly! The process varies somewhat, state-by-state (and even by county), but this is the general gist: 1. The landlord must provide an …
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Eviction Moratoriums During The Pandemic

  • The coronavirus pandemic hurt the financial stability of millions of Americans. As a result, an eviction moratorium was enacted by the federal government to keep people safe in their homes until things turn around. To qualify, renters must meet certain criteria, as outlined in our Eviction Moratorium Guide. The landlord can still evict tenants for other reasonsnot related to rent, though.
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Follow The Rules, Know Your Rights

  • Renting is a two-way street. As long as both you and your landlord treat each other and the property with respect, you shouldn't have to worry about understanding potential reasons for eviction. But if you get an eviction notice, at least you'll be prepared.
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