To protect your investment property and yourself, evicting a tenant is sometimes the necessary next step. However, you may also feel unsure of what exactly qualifies as a valid reason to evict. When you have found yourself dealing with a difficult tenant, at what point can you choose to evict them? As a landlord, there are several valid reasons to initiate the eviction process. Here are four key reasons to move forward with evicting a tenant.
1. Non-Payment of Rent
The most obvious reason to evict a tenant is if they fail to pay rent. By standard practice, if a tenant fails to pay rent, the landlord has the right to initiate eviction proceedings. This process is commonly initiated by issuing a three-day pay-or-quit notice to the tenant.
2. Any Other Violation of the Lease
Another common reason to evict a tenant is if they violate the lease in some way other than non-payment of rent. If the tenant breaches a term of the lease other than rent, barring trivialities, that can be cause for eviction. This type of eviction is commonly initiated through a three-day cure-or-quit notice or a three-day notice to vacate for nuisance. A lease is a legally binding document that holds both parties accountable, and it is important to enforce when there is a breach.
3. An at-will tenant is refusing to leave
If a landlord has allowed a tenant to occupy a property without a formal lease (an at-will tenant) and the tenant refuses to leave when asked, the landlord has the right to evict them. This eviction is initiated through a five-day notice for at-will tenants. Although no lease was signed, as the owner of the property, you have the right to control who resides there.
4. Terminating month-to-month tenancy
The final key reason a landlord may seek to evict a tenant is to terminate a month-to-month tenancy. In this situation, the landlord gives the tenant a notice to vacate, providing 15 days before the end of the month to move out. Additionally, if a tenant fails to vacate the property at the end of a lease that has not been renewed, that is grounds for eviction as well.
As a landlord, it is important to uphold your lease agreement and avoid tenants taking advantage of you. Enforcing the guidelines of your lease and securing reliable tenants is in the best interest of your business and peace of mind. These are four general reasons to initiate the eviction process. For more specific legal advice or direction tailored to your situation, contact our attorneys today. Our practice assists both Utah and Wyoming landlords alike.