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At the Eviction Attorney Group, we help landlords understand their rights when it comes to their tenants and what legal procedures they are required to follow if they must evict unruly tenants, those who damage the property, engage in unlawful activities, or simply fail to pay their rent.

When Can a Landlord Evict a Tenant?

As a landlord, you hopefully have a lease signed by all parties that outlines the terms of the rental agreement including the term of the tenancy, rent to be paid, date of payment, the identity of the tenants, where or how to pay the rent, what activities are prohibited, etc. Your lease agreement should also indicate that if certain banned activities are practiced by the tenant, that these constitute a material breach of the agreement and that you have the right to begin eviction proceedings against them.

Examples of reasons or activities for which you can evict a tenant include:

• Intentionally damaging the property
• Failure to pay rent
• Contract violation
• Damage to the property
• Illegal uses of the property (drugs: sales, productions, or use)
• Nuisance to other
• Remaining after the lease is up
• Not paying rent;
• Breaching important lease agreement provisions;
• Creating a nuisance;
• Serious property damage;
• Criminal activities including threats of violence to the landlord;
• Refusing to sign a lease extension with similar terms as the original;
• Illegally subletting or assigning rights to others;
• Preventing the landlord from legally entering for repairs or showing the property;
• A terminated resident manager refusing to leave;
• Using the property for illegal purposes; and
• Failure to move after giving the landlord notice of intent to move.

As a landlord, you cannot take individual action to oust or evict a tenant without following the necessary procedures to do so. You cannot change the locks on the unit’s doors, turn off utilities, or enter the unit to remove a tenant’s personal belongings. If you take such action, you can be subject to civil damages and possible criminal consequences. Rental laws are generally designed to protect tenants who can use the court process to oppose any attempt to evict them if you engage in discriminatory acts or fail to follow the proper procedures.

TYPE OF EVICTION NOTICE(S)

3-Day Notice Pay Rent or Quit: Failure to pay rent

3-Day Notice to Vacate: Damage to the property

3-Day Notice to Cure or Quit: Violating terms of the agreement - Remaining on the property after the lease is up

3-Day Notice to Vacate: Illegal uses of the property including drug use, production, or sales. Being a nuisance to other tenants

5-Day Notice to Vacate: Forcible Entry

3/90-Day Notice to Quit: Previous Owner Holdover

Squatters in your property

30-Day Notice

60-Day Notice

If you follow the required procedures and have adequate cause to evict a tenant if required, you should prevail in court. In order to ensure that all proper procedures have been followed and to respond to tenants who may argue that their rights were violated, contact and retain an attorney from the L-1B VISA Eviction Attorney Group.