Renting a house offers flexibility, fewer maintenance responsibilities, and no long-term mortgage commitment. However, one major drawback is the risk of eviction. The idea of being forced to leave a home can be unsettling, but the good news is that landlords cannot remove renters without a valid legal reason.
Evictions follow a structured legal process, and renters who adhere to their lease agreements generally have little to worry about. Still, understanding the eviction process and the legal grounds for eviction is essential. With that in mind, let’s take a closer look at the key details every renter should know about the eviction process.
Understanding the Eviction Process
Before discussing why a tenant can be evicted, it’s worth exploring the eviction process and what renters can do if they feel they’ve been unfairly evicted. The good news is that landlords cannot just evict a renter and kick them out. The eviction process involves several steps:
- The landlord provides an eviction notice to the renter, detailing the reason for the eviction. This officially terminates the lease but must be given with fair notice, normally at least 30 days depending on local laws.
- Renters do not have to comply with this notice, especially if they’ve done nothing wrong. If they don’t comply, however, the landlord can escalate and file an eviction lawsuit with the court.
- Both the landlord and renter should attend the hearing. If the renter fails to attend, the court will automatically rule in favor of the landlord. However, should the tenant attend, they can appeal the eviction and give their side of the story.
- The judge rules in favor of the renter or the landlord. In the case of the former, the landlord’s eviction notice is canceled, and the renter can resume living in the rental. However, if the court rules in favor of the landlord, the renter must vacate the property, and local law enforcement may be called upon to assist.
The eviction process can take anywhere from a few weeks to a few months to wrap up, meaning a lengthy legal battle.
7 Legal Reasons for Eviction
Understanding the eviction process makes it clear why renters would want to avoid it. By knowing the legal reasons a landlord can issue an eviction notice, renters can take steps to prevent it.
Here are seven common grounds for eviction.
1. Failure To Pay The Rent
The most common reason for eviction is failure to pay rent. Since rent is a fundamental lease agreement term, missing payments — even partially — can lead to eviction.
Landlords can issue an eviction notice if rent is not paid in full. While local laws determine when a payment is officially late, most leases allow for a grace period of three to five days before late fees apply and eviction becomes possible.
Tenants who anticipate a late payment should inform their landlord as soon as possible and request an extension. Open communication demonstrates responsibility and may encourage the landlord to be more flexible, especially if rent has been consistently paid on time.
Find out more about how to handle late rent payments.
2. Involvement in Criminal Activity
Most lease agreements are clear about not permitting illegal activity on the property. As such, any renter involved in any criminal behavior can soon expect to be issued with an eviction notice.
Illegal activities that are likely to result in eviction include:
- Producing, selling, or using drugs or other controlled substances in the property
- Unlawful use of a firearm
- Unlawful possession of a firearm
- Possession of stolen goods
- Domestic violence*
*Acts of domestic violence aren’t limited to just physical assault. They can also include intimidation, abuse, endangerment, kidnapping, harassment, and numerous other actions that can physically or mentally harm someone.
3. Keeping an Unlawful Pet
Many rental properties prohibit pets entirely or restrict the types allowed. While pets can enhance a tenant’s quality of life, they may also cause property damage, noise disturbances, or conflicts with neighbors.
Bringing in an unauthorized pet violates the lease agreement and can lead to eviction. Even in pet-friendly rentals, renters must follow specific rules regarding the number, breed, size, and species of pets. Ignoring these restrictions gives the landlord legal grounds for eviction.
Before bringing a pet into a rental, tenants should seek written permission from the landlord. A strong rental history and good landlord-renter relationship may increase the chances of approval. If permission is granted, updating the lease agreement ensures clarity and prevents future disputes.
Find out everything you should know when renting with pets.
4. Refusing To Leave After the Lease Expires
Once the lease expires, renters have no protections, and the landlord is well within their rights to evict the tenant. Of course, renters may be able to extend their lease, but this must be communicated to the landlord well in advance and agreed upon. A new lease agreement should be signed detailing the new duration.
If the landlord refuses to extend the current lease, the renter has to leave once it expires.
5. Unlawful Subleasing
Unless explicitly permitted in the lease agreement, subleasing is not allowed. The renter who signs the lease must be the primary occupant, and violating this condition can result in eviction. This includes short-term rentals, such as subletting while away on vacation.
Unauthorized occupants are also prohibited. Lease agreements specify who is allowed to live in the unit, and adding an unapproved resident — whether a friend, family member, or roommate — constitutes a breach of contract and may lead to eviction.
Landlords may be open to adding another occupant, such as a partner or sibling if space allows. However, any changes should be discussed and approved in advance. To avoid potential disputes, renters should ensure the lease agreement is updated to reflect any new living arrangements.
6. Damaging the Property
Causing significant damage to a rental property is an apparent reason for eviction. While normal wear and tear is expected, severe intentional or accidental damage can lead to legal consequences.
Renters should avoid issues like water damage, broken appliances, or structural harm, such as holes in walls or flooring damage. Even unintentional damage can escalate if left unaddressed. Reporting maintenance issues early can prevent minor problems from turning into costly repairs and help maintain a positive relationship with the landlord.
Find out more about renters’ maintenance responsibilities.
7. The Renter Is a Bad Neighbor
Respecting the property and those living nearby helps maintain a positive rental experience and avoids potential legal issues. No one wants to live next to a bad neighbor, and renters who create persistent disturbances may face eviction.
Examples of such behavior can include failing to keep indoor, outdoor, or shared spaces clean and safe, which can lead to pest infestations, unpleasant odors, and property damage. Similarly, excessive noise, frequent complaints from neighbors, and aggressive or threatening behavior can also be grounds for eviction.
How To Avoid Being Evicted
Eviction is largely preventable by following the terms of the lease agreement. Renters who pay rent in full and on time, respect the property and neighbors, and comply with rental policies are unlikely to face eviction. Clear communication with the landlord and addressing any issues promptly can also help maintain a positive rental relationship.
Image credits: Ground Picture; Alexandr Shatilov; Skylines/Shutterstock.com
