Investment property is one of the great sources of income nowadays and also a means of building wealth. No matter how cautious you have been while choosing your tenants, sometimes things end up on the wrong path. In those situations, landlords must instigate eviction procedures. If the tenant is involved in any sort of illegal venture, the landlord can evict them. But first, you should know which activities are claimed as unlawful. Otherwise, you could end up owing money and judgment against you.
Here are some notes on which you can evict the tenant on a legal basis. Seek a criminal lawyer for your attorney before evicting your tenant.
Default Of Rent
The most reasonable and direct case of eviction is nonpayment, also the most common cause. If a tenant is unable to pay the rent, the landlord can evict them. But one should understand the difference between nonpayment and late payment. Late payment is not an illegal activity, so you can not evict them based on this.
Some ordinary damages like scratches on the floor or mirror, some wall damage, or extra wiring can be negotiable, discreet that cause severe harm to the property can be a reason for eviction.
If the tenant is involved in illegal activity or drug dealing business, a landlord can terminate the agreement. But for these, the landlord must have some strong proof. It is not only an offence of eviction but also a criminal conviction.
Contravention Of The Lease Agreement
The most common cause of eviction is violating the lease agreement. Some of the most familiar contraventions of lease agreement terms are unauthorized pets, business on the property, prohibit smoking, subletting without notice. In such cases, the landlord can evict the tenant.
The Eviction Procedure
The reasons for eviction can be different and unique from each other, but the overall procedure is similar. You cannot evict the tenant by simply asking to leave. You have to follow some guidelines. Nonpayment of rent and property damage is easy evictions, but you should be prepared thoroughly for the other type of cases.
The steps for eviction:
- Send eviction notice to the tenant.
- Wait for the commanded time.
- File a defenestration case in court.
- Wait until the court gives you the hearing date.
- Collect all the evidence to make your case strong.
The eviction procedure will not be easy. You have to be prepared with all the evidence like photographs, videos, witness statements, documentation, etc. These types of cases can be tricky sometimes. Before the hearing, it’s better to seek a criminal lawyer. That will help you to know more about the procedure and circumstances that can appear.
As with all eviction situations, you might want to do things differently to avoid ending up like these. There is no way to evade eviction 100%, but you can reduce the chance of expropriation by choosing the right tenant. You should review your tenant selection criteria and add some terms in the lease that could prevent your property from these kinds of cases.