Can Landlord Evict Tenant?
Everybody has the right to be given fair representation and justice. However, when it comes to an argument between the landlord and the tenant, who may possibly prevail? The landlord is the owner of the property, but does that mean he has the right to evict a tenant any time he wants to? The tenant is faithfully paying his bills, but does that also mean that he cannot be evicted? Find out more about this below.
Renter Eviction Process
The tenant has the right to be given a notice of termination before evicting him from a rental property house. That must be done weeks or days before the termination takes effect. The termination letter must state all reasons why it is sent. It will be a document where the problem is discussed thoroughly. If no agreed solution is found and the tenant never leaves the house, it is subjected to a court hearing. The tenant needs to move out already when a sheriff is released. But things will not come this far if after the termination letter, the tenant proposes a solution to the landlord and the latter agrees for good.
Reasons for Tenant Eviction
Here are some of the valid reasons a landlord can evict a tenant.
- The Landlord Wants the Unit Back
This is only applicable at the end of the lease agreement and even if the tenant has no fault.
If the landlord found out that some things got damaged, he can evict the tenant. This is already a valid reason for eviction.
- Unpaid Rent
If the tenant was not able to pay even after several considerations are given, the landlord has the right to stop the lease and kick the tenant out.
- Too Many Guests
Having one or two guests is enough as long as they do not create inconveniences, but having too many of them, which already creates a crowd, can be reason for eviction.
Frequently Asked Questions Regarding Tenant Eviction
- Can a landlord evict a tenant in the winter?
Yes. There is no rule in the law that protects the tenant from eviction during winter months as long as due process is already given.
- Can a landlord evict a tenant with children?
Yes. Just like the reason why a tenant can be evicted during winter.
- Can a landlord evict a tenant for noise?
Yes. However, this depends on how damaging the noise it.
- Can a tenant be evicted without hearing?
Yes. Nevertheless, most of the times, a hearing is set. This commonly happens when the damage done is too obvious and conducting a hearing will obviously yield the same judgment.
Both the landlord and the tenant have their own rights. It is up to you then to exercise that right. Just make sure that you have a valid reason for doing so before you complain as well as sufficient evidences to act as a support. However, as much as possible, try to settle out things immediately before termination takes place, as termination is an undeniably complex process to deal with.