Knowing when and how to evict a tenant is one of the most crucial aspects of being a successful landlord. If you’re unfamiliar with the eviction process or are unsure when (and when not) to evict a renter, continue reading! We’ll go through the main reasons landlords evict renters, as well as the processes involved in the eviction process, in this blog post.
Understanding Just Cause
Eviction is a legal process in which you must seek a court order to remove a renter from your property, as every Ammon property manager must understand. You can’t just change the locks or throw a tenant’s possessions out the window. 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 You can’t evict a tenant unless you have “just cause”.
Reasons You Can Evict
Unpaid rent is among the most common causes for landlords to evict tenants. If your tenant somehow doesn’t pay their rent on time, you can give them formal notice that they have a certain number of days to pay or vacate the property, as required by state law. You can begin the eviction process if the tenant does not act accordingly. Just remember to stick to your lease’s conditions as well as any applicable state and local laws.
Property damage is another causative 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.
A tenant may be evicted for breaking other terms in the contract of the lease as well. If your lease forbids pets, for example, and your renter has a pet, you may issue a formal letter to remove the pet or leave the property. If the tenant chooses to disrespect the warning, you may file for eviction. The same is true for all other lease terms.
Reasons You Can’t Evict
There are also situations where you cannot evict a tenant even if they have done something worthy of eviction. For example, you cannot evict a renter simply because they demanded maintenance to the property or grumbled about the rental unit’s quality. Moreover, it is illegal for you to evict a tenant on the grounds of national origin, religion, familial situation, race, sex, color, or disability. It is illegal to evict a tenant based on these protected distinctions and so any attempt to do so may bring a 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. To start, you will issue a written notification to the tenant stating the basis for the eviction and the deadline 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 appear at their scheduled court date, you may win a default judgment in your favor. Lastly, if the renter refuses to leave, you can have the lawful authority in your community evict them.
While evicting a tenant is never a pleasant experience, it is sometimes unavoidable. The more you know about why you can (and can’t) evict a tenant, as well as the steps in the eviction process, the easier it will be for you to deal with this unfortunate situation.
If you’re in danger of being evicted, it’s a good idea to seek the counsel of a property management consultant. Contact Real Property Management Southeast Idaho to speak to a local rental property professional today at 208-522-2400.
We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. See Equal Housing Opportunity Statement for more information.
