No doubt about it, eviction is the worst part of renting, whether you are the tenant or the landlord. Nobody likes confrontation and in a perfect world, no one would ever be evicted, everyone would pay their rent on time, and never have a problem with their apartment or landlord.
Alas, this is not the world we live in, and evictions can be an unfortunate part of life. But if you are reading this article, chances are something is not going right with your living situation at the moment and you think that eviction may be on the horizon. If you are having problems with your landlord, you are probably wondering what they can and can’t evict you for, and if you have the right to stay.
Let’s go through what they can and cannot evict you for, and what the process is if they do, then you will have a better idea where you stand on the situation and if you need to take action one way or another on your end.
So, what grounds can a landlord evict you for?
Can A Landlord Evict You For No Reason?
Common sense would tell you that no, they can’t just up and evict you for no reason, but you would be wrong. The actual answer is “Yes, they can.”
Now, let’s go through this situation that they can just up and ask you to leave.
First off, if you are 6 months into a 12-month lease, the landlord absolutely can NOT ask you to leave for no reason. You will have had to have done something egregious for that to happen.
However, if you are on a month-to-month lease, the landlord can absolutely ask you to leave for no reason whatsoever and it is perfectly legal. Now, there is always a reason why the landlord does this, but the normal reasons that they would have to use to evict someone, such as breaking the terms of the lease, are not going to apply here.
The landlord is still required to give the tenant 30 days-notice so they can figure out where to move. It’s not like they can just show up at their door one day and force them out. The law protects the tenants and gives them time to find arrangements elsewhere.
This is a good reason why resigning a longer termed lease can be a smart thing to do for tenants. Not only does it lock in your price for a long period of time, it ensures that you won’t have the apartment rented out from under you while you are on a month-to-month contract.
If the owner thinks they can rent out your unit to a new tenant at a significantly higher price than they are getting from you currently, then they may think about terminating your month-to-month lease at the lower price and entering into a longer-termed contract at a higher price.
So, if the landlord does have a reason to evict you, what are those reasons?
Reasons Why A Landlord Can Evict You
Now, virtually all reasons why a landlord can evict you boils down in the end to you violating the lease to some extent. While it may not specifically have a clause in there saying you can’t sell drugs out of your apartment, that sort of behavior is going to fall under the “Illegal Related Activities” clause.
-Far and away, the most common reason for landlords having to evict tenants is for non-payment. If you don’t pay, you aren’t going to be staying there long, it’s as simple as that.
Remember, you went into a contract with another person. They agreed to provide you with a good, and you agreed to provide them with compensation. If you don’t fulfill your end of the bargain, they don’t have to either.
Now, if the landlord isn’t keeping the apartment up and it doesn’t have suitable living conditions, a court is probably going to overlook that you chose not to pay because you went into an agreement expecting suitable living conditions and the landlord is not providing that. Outside of that provision though, if you fail to make payments, you are going to be evicted.
The next most common reason for eviction is “Violations Of The Lease Agreement”. Essentially, you broke a rule that the lease says you can’t break. While everybody’s lease is different, there are similar features in almost all of them.
Let’s walk through a couple of quick examples:
- You Subleased To Someone Else Without Permission. You need to have permission to sublet your place, usually in written form, from your landlord. A great guide to subletting your apartment can be found HERE (What If I Want To Sublet My Apartment?)
- Complaints By Your Neighbors. Other people who live in close proximity to you are only going to have the patience for loud parties and guests coming and going at all times of the night for so long. Neighbors will and do complain, frequently. And if your landlord is getting repeated complaints from all your neighbors, it can absolutely be a reason to evict you. Make sure you are being courteous and kind to your neighbors.
- Late Payments. While this is not quite exactly like “No Payment At All”, it can have the same effect. When a tenant doesn’t pay on time, it costs the apartment complex money. The landlord or manager now has to track down the non-payment, send out a notice, call the tenant, and then wonder when the rent is going to come in. This all takes time and money. Consistently paying your rent late is a legitimate reason for a landlord to send you an eviction notice.
- Violated Pet Policy. If your apartment complex says “No Pets”, that’s what they mean. So many times we see tenants trying to sneak a small dog or cat into their apartment hoping no one will notice. After all, they are small and unassuming, right? They aren’t going to cause any harm! But they can and often do as well as being a potential nuisance to other tenants, which is why many apartment complexes don’t allow pets on the lease. If you don’t want to be handed an eviction notice, don’t try hiding pets in your apartment.
- Guests. If you are having people come over and stay at your apartment for extended amounts of time, chances are they are going to be causing a nuisance for the other guests at the complex. Primarily in the form of parking issues and noise. If they are a legitimate part of your family, or they are a friend who is essentially moved in with you, then just go put them on the lease for everyone’s sake and make them legitimate. Then everyone is covered should something happen or need to happen in the future. However, having your house be a revolving door for whoever to come and stay whenever they want is going to rack up complaints very quickly.
- Property Damage. This is fairly self-explanatory, but it’s a concern we see brought up often. From holes in the walls to the texture being pulled down off of ceilings, to broken garage doors, property damage has a thousand faces and if you caused it, you are going to have to pay for it. Simply modifying the property without permission is property damage and can be grounds for eviction. If something was an accident, tell the landlord and promise to fix it.
In the same way, cleanliness can be an issue regarding property damage. If you have hoarding tendencies or do not keep your apartment clean, it can cause severe damage to the walls, floors, ceilings, bathrooms, appliances, carpet… pretty much anything you can name in the apartment and can be some of the most expensive projects for landlords to fix. Keeping your apartment relatively clean is a must.
To learn more about what the thresholds are for a potential eviction because your apartment is messy, check out: Can I Get Evicted If My Apartment Is Messy?
- Illegal Activities. Again, this is self-explanatory. You know whether or not you are doing something illegal on the property. We are not here to judge you, only to tell you what you can be evicted for. If your landlord or neighbor’s find out, an eviction notice may be the least of your worries!
- Your Lease Expired. Your landlord can evict you legally if your lease has expired. Obviously, they still have to give you notice, but that doesn’t mean that they have to extend your lease or put you on a month-to-month contract. Once that original term is up, it is up to both of you to negotiate and agree upon a new contract.
If your lease is up and your landlord wants you to move out, but you feel differently, he can absolutely file for eviction in court. Make sure you read and learn what to do at the end of your lease.
Can A Landlord Evict You Immediately?
If you ARE being evicted, the landlord just can’t kick you out and throw all your stuff on the street. There is a legal process that they must go through.
- First, they must give you notice that you have either violated the lease or that the lease has been terminated and for what reason. At this point, you can choose to leave or fight the eviction notice.
From the time you get your notice, you usually have 30 days to “Quit”, or leave, the apartment until further action can be taken. But take note that if you do stay, even if you are being evicted, that you will still owe rent to your landlord for every day you stay.
- Next, a motion will be filed with your local court to have you evicted. There will be a hearing scheduled for a date in the future, which can be up to 1-4 weeks depending on how backed up the court is, and you should attend if you are thinking about challenging the eviction.
- Then the hearing will take place. If the court rules in favor of the landlord for the reasons he gave, a judgment against you will take place. The landlord will then have to go to the police or sheriff’s department to see when they can evict you. Normally, the Sheriff’s department gives about one week to give the person one last chance before they come over.
- If the people still do not leave at this point, the authorities will come over and forcibly remove the person that has the judgment on them from the property and the landlord will change the locks. Then, getting any personal property back can be a whole other hassle you probably don’t want to deal with.
If you think that your landlord is not following these legal steps properly, or you are worried that your rights as a tenant may be violated, contact a local attorney you can explain your particular situation too.
While a landlord can evict you if you are at the end of your lease agreement, they can’t just boot you out of your apartment without going through the proper steps first. Also, there are legitimate reasons why a landlord would want to evict a tenant, it happens all too often.
To avoid all this unnecessary time and hassle, try to work your problems out with your landlord or neighbors before it gets to that point. The legal process to evict someone is never fun, easy, or cheap for any party involved, and a judgment on you for eviction is something that will follow you around for years to come, making it hard for you to rent at the next place you want to go.
To read more about what constitutes a great tenant, and things you can do to not only secure your next apartment rental but be a good tenant where you are at check out: How to Be a Great Tenant and Boost Your Personal Value We take you through the 13 things that are crucial at being a good tenant A good rental report is something that follows you around from place to place, and knowing what you can do, and avoid doing, can help make your life a whole lot easier.
