If you are a landlord or a property manager, at some point in your career you will have the unfortunate displeasure of having to evict a tenant.
When a renter signs a rental agreement with a residential property manager, they've generally agreed to move in and stay at the rental proeprty under the condition that rent is paid on time each month.
And in most cases, evictions are simply due to nonpayment of rent.
It's no different than getting cut off if you fail to pay your cable bill, utitility bill, gym membership, etc.
But being a landlord also means that you will likely have to evict a tenant at some point for reasons other than non-payment of rent.
In this article, we'll discuss some of the other somewhat common - and uncommon - reasons to evict a tenant, as well as some alternative solutions to solving some of the landlord-tenant problems that will inevitably arise.
Nonpayment of rent
Even brand new landlords know that one of the most common reasons for a tenant eviction is due to nonpayment of rent.
Most rentals have lease agreements where the resident receives a livable building in exchange for a reasonable sum of money. In the event that the resident stops paying the agreed upon amount of money, most courts will allow a landlord to evict a tenant.
It starts with an eviction notice (and usually another written notice or two after that) before resulting in an actual court filing.
Every state (and some cities) will have an eviction ordinance in place that details the entire eviction process from start to finish.
If the proper protocol is not followed, then there are eviction protections that kick in to protect the tenant from abusive landlords who attempt to circumvent the law.
However, it's also generally very easy to prove nonpayment of rent, especially when you're using rental software that requires tenant's to pay for their rental unit online.
And while it's certainly not recommended anymore, in the event that you allow a tenant to pay rent via check, money order, or certified check, it's important that you track these payments and keep a very organized record of them at all times.
While commercial tenants and residential tenants are generally evicted for very different reasons - delinquent rent is the most common for both.
Lying on the application
To some, lying on the application may seem like a minor issue that may not necessarily result in the eviction of a tenant.
But that's before you start to think about what kind of questions an application often asks a potential residential tenant to answer.
Regardless of whether you are an independent landlord, or a property management company, the answers to the questions on the applications can impact the risks associated with that particular renter.
A rental application often includes questions about:
- Their criminal history
- Their rental history
- Their employment history
- Who will be living in the rental
- If they have pets
So if a rental applicant lies about their rental income (they may have even provided false pay stubs), or commits any other type of rental application fraud, then that could be one of many reasons to request an eviction hearing.
Pet violations
If you have a written lease that says that pets are not allowed in the rental, and the tenant lies and says they do not have a pet, but then a few months down the road you discover that they have pets in the rental property… That may be a reason to evict the tenant.
However, in this scenario, it's often best to work out a pet deposit and/or recurring pet fee to allow the tenant to continue living there if that's the only issue, and the tenant is otherwise in good standing with you.
In fact, you may want to reconsider your "no pets allowed" policy at your rental in general.
Here's why…
According to a study conducted by FirePaw, Inc, about 20% of tenants in rentals who reported that they own pets, admitted that they were hiding their pets from the landlord.
Combine that with the fact that nearly 70% - or more - of renters consistently claim to be pet owners, you probably have pets in your rental anyway. So you're just missing out on an opportunity to charge pet deposits and/or pet fees.
And if you're too strict with pets, you could be missing out on some great tenants, because 35% of millenials are reportedly pet owners. And since millenials are now the largest bloc of renters in the United States, by having a 'no pets allowed policy', you're effectively eliminating 1/3 of your potential tenants.
Ultimately though, if the pet is in the rental illegally, and you don't allow pets due to severe allergies, or the pet is tearing up the rental, etc, then that may be a justifiable reason to issue an eviction notice to the resident.
Just keep in mind that an eviction case that revolves entirely around a pet violation may be considerably more difficult to get a court order that's in your favor compared to an unpaid rent case.
Unauthorized occupants
In many rentals, the landlord (re: property owner) often requires that everybody who will be living at the rental must be named on the lease.
In most cases, anybody over the age of 18 (who will be named on the lease) is also required to complete an application. The application is typically followed by a background and/or credit check.
In the event that you discover that someone is living at your rental, but is not named on the lease, you'll likely need to do some more digging to determine who it is, and if they're actually living there.
If it is confirmed that there is an unauthorized occupant in the rental, that is often grounds for the eviction of the tenant.
In most states - prior to filing an eviction - you'll typically be required to send some type of formal notice to the rental property (either posted to the door, or via certified mail), and giving the tenant an opportunity to remedy the situation within a reasonable amount of time.
If the issue continues, it may result in an eviction filing.
Manufacturing or distributing illicit substances
Hopefully this never happens at your rental property, but if it does, it's definitely one of the reasons why you may need to file an eviction against a renter.
In the past, when I managed larger rental apartment communities with hundreds of rental units, this was an issue that I dealt with more often than I would have liked to.
Not only does it violate the written lease terms, but it also violates federal and state law.
It's typically not difficult to identify the offending tenants. In most cases, other tenants in the community will often report significant foot traffic coming to and from the rental property and they will not hesitate to let you know.
Likewise, if you own a single family home rental in a quiet neighborhood, your neighbors will likely notify you of any questionable activity taking place.
That's why it's important to maintain your relationship with your neighbors anytime you own an smaller, single family home rental property, especially if you do not live in the same neighborhood as your rental.
In the event that you have to deal with this, you may want to consider setting up security camera's on the rental property (if legal in your state/city), or even at your nearby neighbors properties, and gathering the necessary evidence to file an eviction.
Winning an eviction lawsuit for this reason may not be as easy as you might think.
Abusive and threatening behavior
In most states, the standard apartment association lease has verbiage included in the agreement that specifically outlines abusive, threatening or disruptive behavior as a reason to evict a tenant.
There has been a noticeable increase over the past few years of stories in the news about rental management staff being physically harmed, or even killed, by tenants.
You can go to any search engine and type in search phrases such as, "tenant shot landlord", "tenant assaulted landlord", "tenant stabbed landlord" or any other number of searches. The results are incredibly disturbing.
It's important that when you encounter tenants that exhibit threatening behavior, that you deal with it properly, but also swiftly, while also taking precautions to not put yourself in danger.
In general, if you are managing rental properties on a regular basis, and frequently have in-person encounters, you may want to consider taking de-escalation and/or self-defense classes.
Convicted of a crime
You may have someone who passes your background check during the application process, but at a later date, end up committing a crime that results in a conviction.
Sometimes you may not even be aware of it, but learn about it at a later time - or never learn about it at all. That's why some landlords even require an updated background check every time their tenant signs a lease renewal.
Depending on the severity of the crime, and if your lease allows for it, you may end up having to evict the tenant.
Some states and cities may have restrictions against this, and depending on the crime, it may not be necessary. However, it does happen, and it may end up being one of the reasons you end up in eviction court with the tenant.
Utilities in the rental are off
Nonpayment of rent is not the only nonpayment reason you may land in court over.
If the tenant is responsible for keeping the utilities on in the rental, and they fail to do so, it can result in significant damages to the rental property.
Many states and cities also deem that a building is "unlivable" if the utilities are not on, which means that failure to keep the utilities on is definitely grounds for evicting a tenant.
If the only issue with the tenant is nonpayment of utilities, you should probably see if you can help them get assistance with their utility payments, or even pay for them yourself if the scenario for doing so is within reason.
Many tenants are not aware that many charities, churches and other rental assistance programs have specific funds set aside to help renters who have gotten behind on their bills, including utilities.
All the tenant has to do is call, or stop in and fill out a quick form requesting assistance. A good landlord would at least point them in the right direction in this scenario.
I would certainly pursue that route before filing an eviction, assuming all else was equal.
Significant damage to the rental
There are a thousand reasons why your rental may have excessive damage:
- Animals left inside unattended for days at a time
- Hoarding
- Water breaks
- Fires
- Domestic disputes/fights
The list could go on forever.
The reason for damage could even be something outside of the tenant's control (e.g. frozen water pipe broke), but if the tenant did not report it to you, that's a serious lease violation in most states.
Ultimately, you just need to protect your rental from further damages, and depending on the reason for the damages, and whether or not the tenant reported it right away, it may be one of the reasons to evict a tenant.
Recap: Reasons to evict a tenant
This list of reasons to for needing to go through the eviction process could go on forever, but hopefully this list of reasons provides you with a better understanding of what you may encounter as a landlord, or rental property manager.
In fact, this list may even help you decide whether you are interested in managing your own rentals at all!
If I missed any reasons for eviction that you feel would be beneficial to have on this article, please let me know in the comments below and I'll get it added to the list.