Understanding Just Cause
One of the first things all Stockbridge property managers should know is that eviction is a legal process that requires a court order to remove a tenant from your property. Simply changing the locks or throwing the renter’s belongings on the curb cannot be done. Both of these measures would be in violation of the rights of your tenant.
It is necessary to have “just cause” to evict a tenant. Just cause implies you have a lawful reason to evict the tenant for things like property damage, violating the lease terms, or nonpayment of rent Apart from “just cause”, you cannot legally evict a tenant.
Reasons You Can Evict
Nonpayment of rent is one of the most prevalent reasons landlords evict tenants. If your tenant does not pay their rental fees, you can give them formal notice that they have a specific amount of days to pay or leave the property, as the state legally requires. If the tenant does not obey, you can apply for eviction. Be sure that you comply with the stipulations of the lease agreement and any state and local laws that may apply.
Damage to property is another common factor for eviction. You can give your tenant a written statement to repair the damage or vacate when they have caused serious damage to the property beyond usual wear and tear. You can then file for eviction if the renter does not comply.
Violation of other terms in the lease gives just cause for eviction as well. For instance, if your renter has violated the “no pet” clause in the lease by keeping a pet, a letter of warning may be given requiring the removal of the animal or vacating the premises. If the tenant chooses to disrespect the warning, you may file for eviction. This applies to all the other conditions of the contract of lease.
Reasons You Can’t Evict
Also, there are a few factors why you cannot evict a tenant, regardless if they have committed an act that would compel eviction. For example, you cannot evict a renter simply because they demanded maintenance to the property or grumbled about the rental unit’s quality. Furthermore, you may not evict a tenant based on their religion, national origin, disability, sex, race, familial situation, or color. It is not legal to evict a renter who belongs to these inviolable categories and you can expect to be sued if you attempt to do so.
The Eviction Process
If you discover yourself in the awful situation of needing to evict a tenant, there are a few simple measures you must take. The first thing to do is give formal notification to the tenant explaining the purpose for the eviction and the timeframe by which they must leave the property. Second, you will register an eviction petition with the court so that the tenant will be served. If the renter fails to come to their appointed court appearance, you can receive a default judgment in your favor. Finally, you can have the legal authorities in your location forcibly evict the renter if he or she refuses to vacate.
While evicting a tenant is never a pleasant decision, it is occasionally required in certain circumstances. You’ll be prepared to face this tough circumstance if you understand why you can (and can’t) evict a renter, as well as the various processes in the eviction procedure.
If you’re concerned about being evicted, it’s important to speak to a specialist regarding your options. Contact Real Property Management Anchor to speak to a local rental property professional today at 770-506-1237.