When Can a Landlord Evict You: A Quick Guide

Sometimes, things don’t go according to the original plan. You sign a lease agreement only to realize months later that you can’t afford to make payments or other circumstances lead you to get evicted from the property.

But when can the eviction process commence? We’ll discuss the legal timeline for eviction to take place.

Common Reasons for Eviction from a Rental Property

Before anything else, it’s vital to understand the legal reasons why an eviction hearing might be necessary. Here are common reasons a tenant’s property has to be vacated.

• Nonpayment of Rent: If a tenant fails to pay rent on or before the designated deadline, they can be kicked out of the property. While some landlords can charge late fees and allow tenants to make payments, this isn’t mandatory.
• Lease Violations and Breach of Contract: The rental agreement outlines rules and regulations a tenant must follow to stay in a property. If a tenant breaks the rules, the most severe consequence is being kicked out of the premises.
• Property Damage the Usual Normal Wear and Tear: It’s normal for a rental property to get worn out because it’s lived in. However, if the premises get overly damaged, this can be grounds for eviction.
• Illegal or Criminal Activities: If a tenant conducts illicit activities on the property, the landlord can make them vacate the premises. While the rental unit temporarily becomes a tenant’s property, it doesn’t mean the tenant can do whatever they want and break the law.
• End of Fixed-Term Lease: One of the most common reasons a tenant would get evicted from a place is that they reached the end of their contract. The landlord isn’t obliged to renew the contract.
• Landlord’s Personal Use or Sale of the Property: The landlord may decide to move into the property themselves or sell it to others.

Special Considerations and Exceptions

Before a landlord can send an eviction notice, they must consider several factors.

They Cannot Evict Active Duty Members

The Servicemembers Civil Relief Act (SCRA) permits military members on active duty to put off an eviction court proceeding for a minimum of three months. This is provided that the contract was signed before the service member entered active service, and the grounds for eviction was nonpayment of rent.

Eviction Before Lease Expires

If the tenant breaches the contract or conducts illicit activities on the property, the landlord can evict them even if their contract hasn’t expired. However, if the tenant hasn’t violated any terms of the agreement or did anything illegal, select local laws may compel the landlord to let the tenant remain on the premises.

Eviction in Rent-Controlled Areas

Select states and cities impose strict regulations for tenants to afford rent in that area. These protections help people manage to pay for housing. Some states allow extended timelines for tenants to pay their rent and impose additional legal requirements to make it more challenging for landlords to evict someone.

Retaliatory Evictions

Retaliation in this context refers to a landlord resorting to dirty tactics as an act of revenge against tenants for whatever reason. Let’s say the tenant files a complaint with the local authorities because the landlord failed to make the necessary repairs. The landlord can’t use retaliatory actions like changing the locks, cutting off the tenant’s utilities, or raising the rent unreasonably to get back at the tenant.

Eviction Due to Health or Safety Hazards

The tenant can be evicted from a rental property for their safety. Let’s say there’s a biohazard or chemical contamination that threatens the occupant’s health. The landlord can ask them to leave the property as a precaution.

How Does a Proper Eviction Work?

The timeline for an eviction process depends on the reason the tenant is getting evicted. In general, most eviction proceedings follow these steps:

#1: A Written Notice is Given to the Tenant

Unless it’s an emergency, the tenant should be provided an eviction notice. A proper notice includes the notice period (deadline to leave the property), the reason for eviction, and how the tenant can contact the landlord. This should be written to serve as evidence in a justice court, if needed.

#2: The Tenant Leaves the Rental Unit Within Reason

In most cases, the eviction process ends during this step because the tenant usually follows the rules and leaves the property. A tenant is usually given 30 to 60 days to vacate a property unless they’re being evicted for illicit activities or non-payment of rent.

#3: An Eviction Trial Commences

If the tenant refuses to leave the property within the deadline, there are grounds for an eviction case. There might be a court-ordered eviction if it’s proven that the eviction has a legal basis. The tenant would have no choice but to leave the property or face the consequences.

Possible Defenses from Eviction

Termination notices don’t automatically mean the tenant would have to leave the property. There are possible defenses tenants can use to remain in the unit, including the following:

• Improper notice: The eviction process requires a written notice to be legally binding.
• Partial rent acceptance: If the landlord accepts partial rent payment, the tenant can claim that there was no lease violation.
• Poor property maintenance: The tenant must inform the landlord of their housing code violation so they can use this defense.
• Retaliation: The tenant can say that the eviction was a retaliatory tactic of the landlord.
• Fair Housing Act: The tenant can claim that the eviction was an act of discrimination.

Special SCRA Protections for Service Members

The SCRA, or Servicemembers Civil Relief Act, grants active duty military personnel protection from eviction due to non-payment. The SCRA allows eligible people to delay eviction proceedings for a minimum of three months. The court can extend this delay to help the military member focus on their active duty service.

However, this protection covers eviction due to nonpayment of rent only. Other legal grounds for eviction, like contract breach or safety concerns, are still valid reasons for an eviction to continue.

Conclusion

The eviction process depends on the reason why the tenant is being evicted. It’d be best to educate oneself on landlord and tenant rights to avoid legal troubles.

When it comes to military tenants who may be covered by the SCRA, it’s best to confirm if the tenant is covered by this federal law. SCRACVS can help provide military verification in as fast as one business day. Click here to sign up at SCRAVS and verify the active duty status.

FAQs

How long does it take to evict a tenant?

It would depend on why the tenant is being evicted. If the tenant complies with the eviction notice, this process will only last a few weeks. But if the tenant decides to fight the eviction notice, the process can extend to months.

What’s the fastest a landlord can evict you?

A landlord can give you a three-day eviction notice if you were engaged in illicit activities. The notice deadline depends on the grounds for eviction.

Can breaching the lease agreement lead to eviction?

Yes. Breaching a lease agreement can be grounds for an eviction. However, the nature of the violation can affect how much time is given to the tenant before they must leave the premises.

What if the landlord needs the property back after the lease ends?

The landlord can have the tenant evicted as long as the tenant is given enough time to locate a new home to move to. Usually, the landlord provides at least 60 days notice.

Are there other valid reasons for eviction besides non-payment and breach of contract?

Yes. Other valid reasons for eviction include the end of the lease, safety concerns, and criminal activities. It would also depend on state laws that cover the property.