Understanding the Grounds for Eviction

Upheaval in the life of a renter due to eviction is something that’s best avoided in any situation. This is because if you are evicted, it doesn’t just leave you without accommodation, but also leaves you with a negative impact on your credit score.

But, for some unfortunate situations, eviction can be a predecessor of more problems, and you should understand what the grounds for such a step are. Read on to decode the situation.

What Is Eviction?

Eviction, simply put, is being thrown out of the property you’ve taken on rent. The action can be a result of either the landlord not wanting you to stay on the property, or because you failed to meet the rules and normatives of the contract.

It is termed as a legal process and is a result of a legal action taken by the landlord for breach of tenancy or non-payment of rent.

What Are The Grounds For Eviction?

Based on the contract that has been signed by both parties, the landlord has the right to evict the tenants if they fail to adhere to the terms.

Given below are the most common grounds for eviction.

Breaking the Lease:

Tenants may be asked to leave their rental property if the contract sign between the landlord and tenants is broken for whatever reasons. This can be done if any clause of the contract is violated or if there is a problem related to repairs or Pets.

Non-Payment of Rent:

Failure to pay rent when due can also be an eviction reason, as it is a very serious offense. The landlord has the right to demand rent in full and on time, and if it is not done, the tenant can expect eviction and legal proceedings.

Refusal to Leave After Contract Expiry:

Eviction can also occur if the tenant fails to leave the property after the contract expiry date.

Engaging in Illegal Activities:

Another ground for eviction is engaging in activities that are deemed criminal by the law. This can include activities such as drug dealing, theft, or any other illegal activities.

Continuous Violations of Rules:

Continuous violations of the defined norms, terms, and rules of the house or rental agreement can also lead to eviction.

What is the Eviction Process?

Once the landlord decides to evict the tenant, the process starts.

Most states have the same process for eviction, which includes:

The Notice of Termination:

The landlord must provide the tenant with a written notice/letter terminating their lease and giving them a specific amount of time to move out.

The Summons and Complaint:

If the tenant fails to move out, the landlord can file a summons and complaint with the court, which means legal action is being taken against the tenant.

The Eviction Hearing:

A hearing will be held in court in which the landlord and tenant can present evidence and arguments to the judge. The judge then decides whether the eviction is justifiable or if the tenant should remain in the residence.

The Writ of Possession:

If the judge rules in favor of the landlord, the judge also issues a writ of possession. This generally signals the tenant to leave the rental property, or the landlord may be able to obtain a court order to physically remove the tenant.

What Are The Possible Outcomes?

The outcome of an eviction case depends on the state laws, the facts of the case, and the evidence that is presented in court.

The possible outcomes are:

• Tenant remains in the rental property.
• Tenant is evicted from the rental property.
• Tenant is partially evicted from the rental property, meaning that portions of the rental unit may be closed off due to violation of the rental agreement.
• Tenant is issued an injunction, or a court order, to stop any activity that is violating the rental agreement.

What Happens When My Credit Score Is Affected?

Eviction will stay on your credit report for 7 years, and if it’s reported to the credit bureaus, it can affect your credit score in a bad way. The best way to avoid this is to always pay rent on time and never break the rental agreement.

What Can You Do To Avoid Eviction?

The best way to avoid eviction is to be a reliable and consistent tenant who meets all obligations under the lease, pays rent on time, and follows the rules of the residence and the rental agreement.

The bottom line is that it’s important to understand the grounds for eviction and the eviction process, as this will help you stay out of legal trouble and can save you from losing your rental property in the future.

Conclusion

Finally, understanding the grounds for eviction is imperative to ensure that you are in compliance with the rental agreement and state laws. Eviction, if it happens, can leave you in a vulnerable situation, so it’s important to do your due diligence to avoid it and ensure that you are a reliable tenant. If you find yourself facing eviction, it’s also important to understand the process and seek legal help if needed.

What are the different types of eviction notices?

1. 3-Day Notice to Pay Rent or Quit: This type of eviction notice informs the tenant that they must either pay their overdue rent within three days or they will be evicted.

2. Notice to Quit: This is a written notice that the tenant must leave by a specific date without performing any further legal action.

3. Unconditional Quit Notice: This type of notice is the most severe and is typically used when the tenant has breached the lease agreement, engaged in illegal activity, or caused significant property damage.

4. Termination of Lease Notice: This eviction notice is a straightforward way to notify a tenant that their lease is being terminated, usually due to an unfulfilled covenant of the lease agreement or non-payment of rent.

5. Cure or Quit Notice: This type of notice gives the tenant a specified number of days to remedy a violation of the lease (such as repair damage or remove a pet) or face eviction.

What is the difference between a three-day eviction notice and a 30-day eviction notice?

A three-day eviction notice is typically used when a tenant has failed to follow the terms of the lease, such as not paying rent on time, and the landlord wishes to start the eviction process. A tenant receiving a three-day eviction notice must then return the rental property to the landlord within three days. A 30-day eviction notice is typically used when a tenant is occupying rental property without a lease or has an expired lease agreement with the landlord. A tenant receiving a 30-day eviction notice must then move out of the rental property within 30 days.