Landord Evictions of Residential Tenants

By
Services for Real Estate Pros with The Law Office of Mark Tucker

A Residential Landlord Can Evict a Tenant for Violating the Lease Agreement:

A. Not paying rent
   1.    If a tenant does not pay rent when it is due, the landlord may give written notice explaining how much rent and late fees the tenant owes demanding payment within five (5) days.
   2.    If the rent is not paid within five days, a landlord may terminate the lease by filing an eviction action. Even so,  the tenant has the right to reinstate their rental agreement anytime up to the judge signing the judgment by paying the unpaid rent and any late fees court costs and attorney fees.
         a. A Landlord can only charge late fees if they are included in your lease agreement.
         b. Be sure to give a receipt of the payment of rent.
         c. If the Landlord obtains an eviction judgment he has no obligation to reinstate a tenant's lease, even if he pays the full amount of the judgment
B. Breaking the apartment community’s rules or disturbing other tenants.
   1.    In most of these situations, the landlord must serve the tenant with a written ten (10) day notice requiring the tenant to follow the rules and correct his behavior.
   2.    If the tenant does not correct the problem within ten days or if a tenant later break the same rule again, your landlord can file in court to have you evicted.
C. Threatening Health or Safety.
   1.    If a tenant threatens a household member, or if a tenant's guests commits a crime on or near the rental property, or does anything that could be considered a threat to the health or safety of other tenants or the property management, the landlord may serve you with a 24-hour notice of an Immediate and Irreparable Breach.
   2.    This notice may state that the tenant cannot correct the rule violation and that the tenant must move out within 24 hours. After he gives this notice, the landlord can file in court to have the tenant evicted, at which point the tenant will also owe court fees and possibly attorney’s fees.
   D. Material falsification. If a tenant lies on certain important parts of their rental application the landlord may have reason to file in court to evict him.

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Rainmaker
501,231
Dan Edward Phillips
Dan Edward Phillips, Humboldt and Del Norte Counties, CA - Eureka, CA
Humboldt and Del Norte Counties, CA

Hi Mark, thank you for posting the eviction laws, interesting!

Jan 22, 2011 12:04 AM #1
Rainmaker
142,110
Suzanne Taylor
361-510-5413 http://www.CorpusChristiHomeFinderOnline.com - Corpus Christi, TX
Home Sales In Corpus Christi, TX

Mark, just went through a course that went over many of the eviction processes, sure don't want to have to put them in practice.

Jan 22, 2011 12:31 AM #2
Rainmaker
173,903
Maya Thomas LLC, Broker
Key West, Key Haven, Geiger, Sugarloaf, Cudjoe, Summerland - Key West, FL
Key West FL Historic Old Town Estates, Bungalows

Hi Mark,

I always send landlords to an attorney.  There are 50 ways to create problems that will cost you money when trying to handle an eviction on your own.  It's faster and less expensive to hire an attorney to take care of an eviction.

Maya

Jan 25, 2011 12:28 PM #3
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Mark Tucker

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