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The Reasons You Can (and Can’t) Evict a Tenant

Eviction Notice in an EnvelopeKnowing when and how to evict a tenant is one of the most crucial aspects of being a successful landlord. Read on if you’re not familiar with the eviction process or want to learn when you can (and can’t) evict a renter. We’ll discuss the most frequent causes landlords evict tenants in this blog post, as well as the steps involved in the eviction process.

Understanding Just Cause

Among the first things all Sherman property managers should know is that eviction is a legal process requiring a court order to eject a tenant from your property. You can’t even change the locks or dump a tenant’s belongings outside. Both of these actions would violate the rights of your tenant.

To expel a tenant, you must have “just cause.” Simply put, just cause means that you have a lawful basis to evict the tenant, including non-payment of rent, property damage, or violation of the lease terms. Apart from “just cause”, you cannot legally evict a tenant.

Reasons You Can Evict

Unpaid rent is among the most common causes for landlords to 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. You can then file for eviction if the renter does not comply. Just remember to stick to your lease’s conditions as well as any applicable state and local laws.

Destruction of the property is another common ground 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.

Likewise, the violation of other lease terms grants reasons for evicting a tenant. For instance, if your renter has a pet and your lease prohibits pets, you can serve them with a written notice to quit the property or remove the animal. Refusal on the tenant’s part to cooperate means you may legally file for eviction. The same holds true for all other lease-contract terms.

Reasons You Can’t Evict

Additionally, there are a few reasons why you cannot evict a renter, even though they have committed an act that would justify eviction. For instance, it is not lawful to remove a renter just because they requested repairs to the property or complained about the rental unit’s condition. Furthermore, you may not evict a tenant based on their religion, national origin, disability, sex, race, familial situation, or color. These shielded classes cannot lawfully be used as a reason for eviction, and attempting to do so may result in a discrimination lawsuit.

The Eviction Process

If you find yourself in the unfortunate circumstance of having to evict a renter, there are a few procedures you must follow. For starters, you will deliver a notice in writing to the tenant detailing the reason for the eviction and the deadline by which they must vacate the premises. After that, you’ll have to submit an eviction petition with the state court and the renter will be informed. If the renter fails to appear at their scheduled court date, you may win a default judgment in your favor. Finally, if the tenant refuses to go, you can have the legal authority in your area evict them.

While evicting a tenant is never a pleasant decision, it is occasionally required in certain circumstances. Eviction is a difficult process, and understanding why you can (and can’t) do it will enable you to manage this difficult predicament.

You may need to talk to a property management professional if you are at risk of being evicted. Contact Real Property Management Legend to speak to a local rental property professional today at 214-227-2404.

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