ProAPOD® Real Estate Investment Software, in an ongoing effort to keep its readers informed about the nuances of real estate investing, is happy to share some thoughts about eviction procedures.
Once you purchase a rental income property, one of the big issues you face concerns tenants. It is always hoped, of course, that you can fill your apartment with good tenants that pay the rent on time and act in an orderly fashion. Unfortunately, however, this is not always the case, and there are times when you must evict the tenant. Here are three types of evictions recognized by most state laws.
Nonpayment of Rent
Nonpayment, one of the most common types of eviction procedure, is when a landlord attempts to evict a tenant for not paying the rent. A lease or rental agreement will state the due date for rent payment, and some state laws extend the due date for a tenant to pay the rent by a certain amount of days referred to as the prescribed grace period. If the rent is paid in full within the legal grace period of these states, an eviction for nonpayment cannot be started; a landlord must wait until the legal grace period has lapsed to start an eviction.
For instance, if the due date is on the first day of the month and the legal grace period is 10 days, the rent will not be due until eleventh day of the month and you cannot start the eviction until the twelfth of that month.
In a nonpayment eviction, however, the rental owner should be aware that the tenant might try to show that the rental unit was sub par as a defense for not paying rent.
Lapse of Time
Lapse-of-time evictions are when a landlord evicts the tenant because that tenant’s lease or rental agreement has expired. A lapse-of-time eviction can be done when a lease is in its final month, and is the type of eviction procedure commonly used by landlords who give month-to-month tenancies most commonly use this type of eviction procedure.
A lapse-of-time eviction can be done without giving any other reason than the owner wants his or her unit back; the contract is terminated because of its expiration only. So it doesn’t matter what condition the tenant claims the unit is in because the condition has no relevance to the expiration of the agreement.
Nuisance
Landlords have a right to evict tenants if the tenant has become a nuisance to the property as long as the agreement includes a nuisance clause. A nuisance could be someone who throws loud parties every night or who continuously disturbs the neighbors, resulting in police visits to the property. In this case, tenants have a right to use and occupy a rental unit in any way they want as long as it does not infringe on the quiet enjoyment of other tenants in the building or violate federal, state, and local laws.
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