When To Evict

There are many reasons a landlord may want to terminate the relationship of landlord and tenant. The most common reason of course is the failure of a tenant to pay rent on a timely basis.

Wise landlords realize that the purpose of an eviction is to get possession of their income producing property back as quickly as possible. In order to have a good tenant who respects the landlord’s property and pays the rent on time, the troublesome tenant must be out of the property. Getting a month or two of back rent is secondary.

When a tenant is in default, it is important that proper written notice be given promptly. If a tenant does not comply with the notice and will not vacate after receiving notice, it is important that the landlord acts promptly and follows the proper procedures in order to evict the tenant. The more common reasons to evict a tenant include:

  • Breach of the terms or “covenants” of the lease which may include:
    • Failure to Pay Rent;
    • NSF Checks – a form of Failure to Pay;
    • Pets that are not permitted under the lease;
    • Unapproved sub tenants;
    • Unapproved remodeling of the premise;
    • Illegal activities .
  • Lease term has ended – tenant fails to vacate.
  • Foreclosure.

It is mandatory that specific procedures be followed correctly by the landlord in order to have a successful eviction and to avoid the exposure of a costly mistake. The laws governing the of eviction of a troublesome tenant is designed to provide the landlord with a comparatively quick process while safeguarding the tenant’s rights. Should the landlord fail to follow the rules carefully as required under the law, the landlord will fail in his or her eviction and may be subject to legal actions by the tenant.

The foregoing information is offered to help inform you, however it is not intended as a substitute for professional legal help. Only a licensed lawyer can provide such help. Contact us online or call (949) 438-2660 to set an appointment.

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