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The Reasons You Can (and Can’t) Evict a Tenant

Eviction Notice in an EnvelopeKnowing when and how to evict a tenant is one of many factors that go into being an effective landlord. If you’re inexperienced with the eviction process or are unclear about when (and when not) to evict a renter, continue reading! We’ll discuss the most frequent causes landlords evict tenants in this blog post, as well as the steps involved in the eviction process.

Understanding Just Cause

One of the first things all Bernalillo property managers should know is that eviction is a legal process that requires a court order to remove a tenant from your property. You can’t merely change the locks and toss the tenant’s possessions out on the street. Both of these actions would violate the rights of your tenant.

To evict a tenant, you must have “just cause,” as defined by the law. If you have just cause to evict a renter, it means you have a legal reason to do so, such as nonpayment of rent, property damage, or breaching the lease terms. You cannot remove a tenant unless there is just cause.

Reasons You Can Evict

Unpaid rent is one of the most common reasons landlords expel tenants. If your tenant does not pay their rent on time, you can issue them formal notice that they have a set number of days to pay or vacate the property, as required by state law. You may file for eviction if the renter refuses to cooperate. Remember to keep to the terms of your contract of lease and all applicable laws both state and local.

Damage to property is another common factor for eviction. You can give your tenant a written statement to repair the damage or vacate when they have caused serious damage to the property beyond usual wear and tear. Refusal of the tenant to comply means you may file for eviction.

Additionally, you may evict a renter for violating other lease provisions. If your lease forbids pets, for example, and your renter has a pet, you may issue a formal letter to remove the pet or leave the property. You may file for eviction if the renter disregards the warning as per the terms of the lease. This is true for all other terms of the lease.

Reasons You Can’t Evict

Also, there are a few factors why you cannot evict a tenant, regardless if they have committed an act that would compel eviction. For instance, you cannot remove a renter because they wanted improvements to the property or started complaining about the rental unit’s upkeep. Also, it is unlawful to evict a tenant based on color, religion, race, familial situation, national origin, disability, or sex. These safeguarded groups cannot legally be used as a reason for eviction, and trying to do so may result in a discrimination lawsuit.

The Eviction Process

If you discover yourself in the awful situation of needing to evict a tenant, there are a few simple measures you must take. To start, you will issue a written notification to the tenant stating the basis for the eviction and the deadline by which they must leave the property. After that, you’ll have to submit an eviction petition with the state court and the renter will be informed. A default judgment might be obtained in your favor if the renter does not appear at their court date. Finally, you can have the legal authorities in your location forcibly evict the renter if he or she refuses to vacate.

While evicting a tenant is never a pleasant decision, it is occasionally required in certain circumstances. Eviction is a difficult process, and understanding why you can (and can’t) do it will enable you to manage this difficult predicament.

If you’re concerned about being evicted, it’s important to speak to a specialist regarding your options. Contact Real Property Management Expertise to speak to a local rental property professional today at 505-796-8047.

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