“5 Common Renters Rights Eviction You Should Know” written by Mike Marko
Are you aware of renters rights eviction?
Ending a lease before its specified date is not unusual. There are a variety of reasons for this but having a problematic tenant is one of the most common.
Evicting your tenant isn’t as simple as kicking them out of your property, however. States have their own rules to protect the tenant.
As a property manager, you have to know the most common renters rights eviction to prevent facing legal issues.
In light of that, today’s blog will be about things you should know about renters rights eviction. This will help you steer clear of possible legal problems should you ever need to evict someone.
Are you ready? Let’s dive in!
Renters Rights Eviction and Notices
Eviction is a process where a property manager removes a tenant from the property. The length of the whole process varies and may involve giving a notice to the tenant and facing legal disputes.
Property managers are prohibited from evicting tenants without due process. That’s why every property manager must be familiar with renters rights eviction.
But before you go straight to the common renters rights eviction, you need to learn about eviction notices first. That way, you know more about the context in which renters rights eviction are applied.
Evicting a Tenant
Tenants breaking the rules can be a huge problem and may cause you to want to get rid of them. However, there are rules of eviction and renters rights eviction that need to be taken into account.
The first thing you need to remember is to document any problems or reasons for potential eviction. At least, you’ll have proof then in case you need to initiate a legal action.
Second, make sure you talk with your tenant regarding the problem and give them ample time to address the issue. Of course, this is only applicable if you’re evicting due to an issue that can be fixed.
“Pay Rent or Quit”
This eviction notice is used when a tenant is unable to pay the rent.
The property manager must give ample time to allow the tenant to pay the rent before he issues the notice. State laws have different rules in terms of allowed number of days, so make sure to check them.
If the tenant fails to pay after being given a requisite grace period, vacating the premises or the eviction process follows.
“Cure or Quit”
This type of notice is used when a tenant violates a term in the lease. Examples include illegal gambling activities and drug use.
This is also used if the tenant has bad behavior or is endangering others on the property.
The tenant is given a set of days for them to “cure” or correct the said mishap. If it’s not resolved, “quit” or eviction processes will continue and they have to leave the premises.
In an unconditional quit notice, the tenant isn’t given a chance to correct an issue. Also, the use of this notice is limited by state law.
Generally, you can only use this when your tenant has multiple violations to the terms of the rental agreement.
For example, it’s applicable if your tenant has multiple late rent payments or has repeatedly performed illegal activities. Just make sure that you have properly documented all those violations.
Basics of an Eviction Notice
Before doing an eviction, it’s highly recommended that you consult with a real estate attorney. Doing so will help avoid missing necessary steps or requirements in the entire eviction process.
If you’re doing it yourself, you can write your own or use a model termination notice by Fair Trading. Your eviction notice should be written, signed and dated by your authorized agent.
In addition, make sure that the notice is properly addressed to the tenant. State the exact date of termination and when the tenant is required to vacate. Lastly, include the grounds or reasons for the notice if applicable.
Aside from knowing the basics of an eviction notice, you should also learn about the period of notice.
Period of Notice
Before giving the notice, give the renters adequate time to leave and find another place. Whether or not you’re in a good relationship with your tenant, discuss the notice period with them to avoid misunderstandings.
The minimum periods in giving such notice are governed by rental laws in the area of the property. You may want to check local legislation to be certain.
Generally, 14 days’ notice is given if the tenant is in breach of the lease agreement. If the tenant is under a fixed term, 30 days’ notice is given.
If neither party didn’t end a term and the property manager suddenly decides to do so, 90 days’ notice is generally given. These are just conventions, though, and not hard and fast rules.
Now you know enough about eviction to comprehend the context of our discussion. It’s time to discuss the common renters rights eviction that you need to know as a property manager considering an eviction.
5 Renters Rights Eviction
Some states allow a property manager to evict a tenant without any cause or reason. On the other hand, there are others that restrict the eviction of tenants at will.
One thing’s for sure, though — every state recognizes the rights of the tenants.
Here are the renters rights eviction that are common among state laws.
No to Forced Eviction
Even if you’re the owner of the property, you can’t just throw out your tenant by force. You must follow the legal process to complete the eviction, according to this example of renters rights eviction.
In addition, you can’t just change the locks or shut off utilities. This particular renters rights eviction also means you’re also not allowed to take your tenant’s possessions if you don’t have a court or police order.
Unfit Housing as a Defense
Tenants may file for a countersuit by saying that your property is unfit for housing. To be frank, there are renters rights eviction that mean they can do this.
To defend against this, take pictures and specify the condition of the property in the rental agreement. Document all requests for repairs in case you need them for court or legal proceedings.
Remember that most courts will be more inclined to favor renters rights eviction over your desire to evict a tenant. That’s because the loss of one’s abode (what is happening to the tenant) is a grave situation for anyone, and most courts will be sympathetic to that.
Using Their Rights
Some tenants may seem to be ‘too demanding’. These tenants might ask you for repairs or complain about your property’s cleanliness.
And you might want to evict them for these reasons.
However, tenants cannot be evicted if they’re merely exercising their rights. That’s a basic violation of renters rights eviction.
If they have concerns, address them and make sure to document everything. You want to be sure that no one can accuse you of violating renters rights eviction.
Eviction Due to Discrimination
No tenant shall be evicted due to discrimination.
For instance, say you just found out that your tenant has a different sexual orientation. You can’t force them out and use it as a reason in court, based on this country-wide renters rights eviction rule.
This also applies when it comes to religion. Throwing out a tenant just because you don’t like their religious practices is against the law thanks to renters rights eviction.
Other than that, you can’t discriminate against a tenant based on the following:
- Physical or mental impairment, and
- Marital status.
Appealing a Case
Tenants have the right to appeal a case if they’re unsatisfied with the decision. While the appeal is ongoing, they’re still required to pay the rent, however.
Make sure any appeals are completed before moving forward with the eviction. You have to respect the law as well as renters rights eviction here.
When an eviction is granted, employ the police to complete the process if the renter is still unwilling to vacate. As long as you follow all the rental laws and eviction processes, then you won’t have any legal issues.
Final Thoughts on Renters Rights Eviction
Ending a lease before its termination date is common. One of the reasons for this is because of a problematic tenant.
Evicting a tenant requires knowledge of the whole eviction process. This is a complicated (and often costly) undertaking, after all.
You have to first give the tenant an eviction notice. To determine which kind of notice to use, identify first the reason for eviction.
Once the notice is given, you have to give the renter adequate time to leave and be able to find another place. The period of notice varies depending on the reason for eviction.
Lastly, make sure to be aware of the common renters rights eviction. It’s still best to consult with a real estate attorney to avoid facing any legal issues.
If you have questions about renters rights eviction, feel free to leave them in the comments section below.
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