All About Right of Landlord to Evict Tenant

Landlord Protection All About Right of Landlord to Evict Tenant

Right of a Landlord to Evict a Tenant: What You Should Know

If you own a property that you rent out and you have a problem tenant, you may want to look into the . Landlords need to follow specific rules and procedures to lawfully evict a tenant. Doing this right can be time-consuming and tedious, and hiring a real estate attorney can be expensive.

DoNotPay can help you get through the process of evicting a bad tenant. Here's what you should know about your rights as a landlord to evict a renter.

What Are Legal Reasons to Evict a Tenant?

There is a clear , provided certain conditions are in place. Circumstances that can warrant an eviction are:

Not paying rentIf your tenant does not pay rent, you can start by sending a Pay or Quit Notice by certified mail. These notices give the tenant three to five days, depending on the state, to either pay the required rent or move out of the property.
Engaging in illegal activity on the property.You can evict a tenant for illegal activity such as making or selling drugs, gambling, or prostitution on the property. If this has happened, you can usually evict the tenant relatively quickly without offering a chance to fix the problem. Start this process by sending an Unconditional Quit Notice.
Violating other terms of the leaseCommon situations that could violate the terms of your lease have a pet that isn't allowed or having roommates or additional people living in the apartment. In these cases, you can start by sending a Cure or Quit Notice to the tenant. These notices give the tenant a specific amount of time to fix the issue or move out.
Damaging the propertyIf the tenant causes damage to the property, this is considered a valid reason for eviction. Depending on how serious the damage is, you may want to start by either sending a Cure or Quit Notice or an Unconditional Quit Notice.

Eviction Without Cause

Whether you have the right to evict a tenant without a specific reason depends on the type of lease and the specific laws in your city or state.

  • If you have a fixed-term lease, you generally can't evict a tenant without cause.
  • If you have a month-to-month lease, you can evict a tenant if you provide the required amount of notice.
  • If you live in certain cities with rent control, you may not be allowed to evict month-to-month tenants even with notice.

How to Evict a Tenant Yourself

1. Make sure you have a legal, valid reason.

Landlords are only allowed to evict tenants for certain reasons and with certain amounts of notices that vary by state and city. It can be a good idea to consult with a real estate attorney and research your local laws before moving forward.

2. Talk to the tenant first.

Before going through a time-consuming and expensive legal process, speak with your tenant and ask if they are willing to move out without being evicted. Evictions can harm a tenant's rental record, so they may be willing to cooperate and leave to resolve the issue.

3. Send a written notice.

Send a formal eviction notice by certified mail. This can be either a Pay or Quit Notice, a Cure or Quit Notice, or an Unconditional Quit Notice, depending on the situation.

4. File a lawsuit.

If your tenant does not comply with the written notice, you'll need to sue. You can either handle this yourself or hire an attorney. You'll need to bring a number of documents to court with you, including

  • Original lease.
  • Records of payment.
  • Communication between you and the tenant.
  • Proof of the problem you're having with the tenant.
  • Copy of the eviction notice

Easily Evict a Bad Tenant With DoNotPay

Evicting a tenant legally can be a complex process. If you're dealing with a difficult tenant, DoNotPay's fast, easy and successful system can help you do so effectively. Getting guidance throughout the eviction process can ultimately save you time and money by making sure you follow all the requirements correctly.

DoNotPay is here to guide you through it and file your disputes on your behalf. Our Landlord Protection product can help you:

  1. Get back your security deposits.
  2. Learn about your state's eviction laws and what protections apply in your case.
  3. Resolve disputes regarding repairs with your landlord.
  4. Resolve disputes with roommates by filing demand letters or going through small claims court.
  5. Break your lease early.

How to Evict a Tenant Using DoNotPay

If you want to evict a tenant but don't know where to start, DoNotPay has you covered in 4 easy steps:

1. Search for and open the Landlord Protection product on DoNotPay.

 

2. Select which issue applies to you.

 

3. Answer a simple set of questions so our chatbot can collect the necessary information to create your demand letter.

 

4. Choose whether you want DoNotPay to send the demand letter to your landlord or roommate on your behalf. If you already tried sending a demand letter and it didn't work, we can help you start the small claims court process.

 

And that's it. You should hear back from your landlord directly once your demands are sent.

What Else Can DoNotPay Do?

DoNotPay offers a number of services for both landlords and renters. DoNotPay can help you easily:

If you need to evict a problem tenant, contact DoNotPay now.

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