“Eviction Tenancy Law That Every Property Manager Should Understand” written by Mike Marko
Are you about to evict your tenant?
Just like you, many property managers and landlords want to remove a certain tenant from their rental property. Usually, it’s because that tenant causes them a lot of problems.
However, property managers can’t just go around evicting tenants whenever they want. There’s a tenancy law that they need to follow.
If you’re planning to evict your tenant, it’s imperative that you refresh your mind when it comes to eviction tenancy law.
Let me share with you some information regarding eviction tenancy law that every property manager should understand. This can help you stay within legal limits when evicting bad tenants.
Understanding Tenancy Law On Evictions
Every property manager and landlord is required to follow tenancy law in his area. Failing to comply with the laws may have unpleasant legal consequences.
So before you make decisions related to the rental property business, it’s important that you study and understand the laws relevant to it.
To start our discussion, we’ll first tackle the meaning of tenancy law.
What Is Tenancy Law?
Tenancy law is part of the common law that contains the rights and duties of landlords and their tenants. It’s also known as Landlord-Tenant Law.
The Landlord-Tenant Law covers various topics that are usually covered too in a rental agreement.
One of the most focused and talked–about topics in tenancy law is the proper method of eviction.
If you’re planning to evict a tenant, you can’t just remove them from the property. There’s a proper way of evicting them and it should be done correctly or you could face legal consequences.
Two Types of Eviction Notice under the Tenancy Law
The property manager should provide an eviction notice or notice of termination before they can start the actual process of eviction.
Depending on the tenancy laws of an area, there are two types of eviction notices that you can give to your tenant.
Eviction Notice With Cause
An “Eviction Notice With Cause” is a lease that’s ended early because of certain reasons.
The most common reason for this notice to be used is because either of the parties to the agreement has violated the terms of their contract.
If the property manager wants to evict a tenant with a cause, there are three types of eviction notices that he can use.
- Pay Rent or Quit Notices – These are typically given if the tenant has failed to pay the rent. The tenant has the option to pay the total amount of rent he needs to pay or to quit the area. Quitting means the tenant needs to vacate. If the tenant decides to pay, he must pay the rent within five days after this notice is handed to him.
- Cure or Quit Notices – This notice is normally given if a tenant violates a term or condition of the agreement. As with the pay rent or quit notice, the tenant’s given several days to fix the issue stated on the notice. If he fails to “cure” the issue, he needs to vacate the rented unit.
- Unconditional Quit Notices – The unconditional quit notice is given only if the tenant has violated the agreement a number of times or they are incapable of paying their rent.
Once this notice is handed out to the tenant, they have no choice but to vacate the rented property.
Eviction Notice Without A Cause
Most landlords use a “30-Day or 60-Day Notice to Vacate” to end a month-to-month tenancy even if the tenant is not doing anything wrong.
This notice is rarely given because there are only a few cities that allow a landlord to evict a tenant without a reason.
Top 5 Legal Reasons to Evict a Tenant
A landlord or property manager can’t just evict a tenant. As I said earlier, in most areas, there must be a valid reason why a tenant will be removed from the property.
This is why notices are given before you can evict a tenant.
It’s important to check the tenancy law in your area first before you decide to evict a tenant. To help you have a better understanding, here are 5 legal reasons to evict a tenant.
Late Rent Or Non-payment of Rent
This is the most common legal reason to evict. The decision is up to you if you would let your tenant have more time to come up with a solution or deliver a pay or quit notice.
If you decide to give a pay or quit notice, make sure that its wording meets the terms of the tenancy laws in your area.
Violation of Lease/Rental Agreement
One of the most common reasons for evicting a tenant is that he’s broken the terms of the rental agreement.
Most often, tenants like this end up damaging the rented property beyond normal wear and tear.
If this happens, you’re within your legal rights to issue a comply/cure or quit notice.
Just be sure you carefully determine whether the tenant made an innocent mistake or has willfully ignored the terms in your agreement.
No Longer Renting
Another common reason eviction happens is that the landlord of a property has decided to take the rental unit and go out of business.
Each state has strict laws about how landlords must handle instances like these. Before you withdraw your tenants, make sure to check the tenancy law in your area first and follow the correct procedure.
Also, giving a proper notice to your tenants is a must.
All residential properties restrict illegal activities inside the rented properties. The property manager can immediately issue an eviction notice if the tenant has used the rental unit or the common areas of the premises for illegal activities.
Examples of illegal activities are manufacturing, selling, or using illegal drugs.
Rehabilitation, Demolition or Sale
The last common reason tenants are evicted is that the property is about to be rehabilitated, demolished, or will be up for sale.
But before you could do this, you’re still obliged to follow certain guidelines in removing your tenants.
A notice must be given explaining why the rental unit will no longer be habitable.
Remember that if you try to pressure your tenants into leaving their rented property sans explanation for this situation, it will lead you to several legal troubles.
Whether for rehabilitation, demolition or sale of the property, it’s important that property managers follow the right steps for all. Especially if it’s concerning drastic changes that’ll be done to the rental property.
Always remember to check the tenancy law in your area before proceeding with your decision of removing tenants from the property.
Final Thoughts on a Property Manager’s Guide to Tenancy Law
Having knowledge about the eviction tenancy law in your area can help you avoid mishandling eviction cases in your rental property.
Before you could evict a tenant, you need to give the right notice first. Make sure that you have a valid reason why you are removing a tenant from their rented property.
The common reasons for eviction are late rent or non-payment of rent, violation of lease/rental agreement, illegal activities, the rental property going out of business, and the property being under rehabilitation, demolition or for sale.
Just keep in mind that eviction tenancy law is there for a reason. If you fail to comply with the law and evict your tenant without the right procedure, you might be the one to end up behind bars.
If you have questions about eviction tenancy law, don’t hesitate to leave them in the comments below.
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