subject: Factors That Lead To The Eviction Of A Tenant [print this page] If you are landlord and have rented out your property to a tenant who misses paying the rent then you think of options on how to evict your tenant. Non-payment of rent is only one factor that leads to eviction of a tenant. If you are a tenant then you should know that there are also other factors that lead to eviction. As landlord you should see whether there is a need to evict that tenant based on these factors.
Some of the tenants might make a partial payment of rent and acceptance of such partial payments by the landlord will not entitle them to eviction of the tenant. As a landlord you should know this. Wise tenants might make partial payments to avoid eviction.
A tenant who violates the terms of the lease is also a candidate for eviction. The landlord should know how the tenant responds to the notices given to him on the violations made. If the tenant often violates the terms of lease then eviction is the best option and the court might also recommend it. The landlord should also follow the terms of the lease properly. The terms of lease is a double edged sword and it should be handled with proper care. It might affect any person who is violating it if they go to court.
The behavior of the tenant might be in such a way that it creates health hazards to other people who are living in the same building. In such cases based on the health grounds, the tenant might be evicted. The landlord has to give proper notice to the tenant giving him time to rectify the problem he is creating for the neighbors. If the tenant rectifies it then he can be allowed to stay in that property. However the same problem should not come up again at some other point of time. The past history of the tenant is also considered when sending notice regarding the health hazards created by him.
The eviction process on the tenant cannot be carried out if the tenant has filed for bankruptcy. In such cases there is an automatic stay that allows the tenant to stay in the same premises. The landlord has to move the bankruptcy court and request them to lift the stay so that the tenant can be evicted. Although eviction can be avoided when bankruptcy is filed, the tenant is obliged to pay full or partial payment of the rent that is pending. Any new rent fixed from the date of filing might also come into effect and they have to pay them too if they are staying there.
The landlords should be aware that the tenant might go for counter-claims against them. The violations of the landlord might come into picture in such counter claims. Any complaints made to the landlord by the tenant regarding the problems in the property should be promptly attended by the landlord. Otherwise these issues will crop up in the counter-claims made by the tenant.
