Landlord Rights of Eviction
- Written leases typically have provisions for ending a lease, and these provisions must be followed. If no lease exists, or no written provisions exist, you must give the tenant 30 days notice. Once you have given notice, you will have the right to take back the unit at the end of the process.
Landlords have the right to end a lease early if there is reasonable need to do so, such as criminal activity on the part of the tenant. You also can terminate the lease if the tenant refuses to meet the obligations of the lease. - Landlord rights of eviction must be pursued through the court system. You must file an eviction notice with both the tenant and the court system. Once this happens, a court date will be scheduled, when you are allowed to present your reasons for eviction. The court will then decide if the tenant has willfully broken the lease. You do not have the right to remove the tenant or his property without this judgment.
- You have the right to sue former tenants for all rent still due, possession of the rental unit, court costs and storage if you must store items belonging to the tenant. If the tenant hasn't moved out within a specific time (usually 10 days) following a judgment, you should contact the local sheriff's department about conducting the physical eviction. If a tenant fails to move within the 10 days, you have the right to sue for rent of the unit while the tenant or his possessions are in the unit.
- You are allowed to keep the security deposit if any damage has been done to the unit. You are also allowed to keep the security deposit if you are owed rent while the tenant is still in possession of the unit.
- Landlord rights of eviction extend to other situations as well. If the tenant refuses to move out at the end of the lease, the landlord can sue for eviction. If a tenant has a verbal lease agreement, there is no protection for the tenant, and the landlord can evict for any reason as long as proper notice is given.