Landlords have the right to evict tenants under specific legal circumstances. While eviction laws vary by state, common grounds for removing a tenant involve nonpayment of rent, violating lease terms or engaging in unlawful activities.
Understanding these grounds can help both landlords and tenants address rental disputes. Below are some of the primary reasons a landlord may pursue eviction.
Removal of a lawful tenant by force or threats
A tenant who initially occupied a property legally but was later removed through threats or force may have grounds to challenge the new occupant. The displaced tenant or property owner can initiate eviction proceedings to reclaim possession.
Unlawful retention of property
If a person gains possession of another’s property, whether legally or otherwise and refuses to leave, eviction may be pursued. This applies to tenants, subtenants or unlawful occupants who wrongfully remain in place.
Nonpayment of rent or holding over after lease termination
Failure to pay rent for three days after it is due can lead to eviction. A landlord may also evict a tenant who remains on the property after their lease term has expired. This includes subtenants who stay beyond the original tenant’s agreement.
Remaining on property after a legal sale or foreclosure
A tenant or property occupant must vacate after a property is sold through mortgage foreclosure, court order or judicial process. If they refuse to leave after the redemption period or the execution of a new deed, eviction may be necessary.
Wrongful possession after court-ordered sale or partition
When a property is divided among owners or sold under a court order, anyone who remains in possession unlawfully after the ruling can face eviction. This applies to tenants and co-owners alike.
Disturbing other tenants’ peaceful enjoyment
If a tenant or a guest on the property engages in behavior that disrupts other tenants’ quiet enjoyment, such as excessive noise, harassment or illegal activity, eviction may be justified. This applies even if the lease does not specifically address the issue.
Seeking legal guidance can help landlords and tenants understand their rights and responsibilities when facing an eviction situation.