Reasons a Landlord Can Evict a Tenant

Before leasing property to a tenant, there are certain procedures that a landlord must complete. These include collecting a security deposit and performing background checks on the possible occupant. Despite all these precautionary measures, there are still some tenants who will fail to honor their rental agreements and do their best to manipulate the law for their benefit. Every landlord hopes they will not have to encounter these types of tenants, but it does unfortunately happen. In extreme cases, serving an eviction notice could be the only solution. However, landlords may be unsure if they legally have the right to do so in some situations, so we included a few valid reasons below which reputable Las Vegas eviction services specialists will all agree would qualify for a landlord to evict a tenant.

Failure to Pay Rent

One of the most difficult circumstances to navigate is when tenants are unable to pay rent on time. There will be cases and occurrences when tenants have genuine financial challenges causing them to delay their payments, however this does not mean you are obligated to extend your deadline. As the landlord, you still have the mortgage, property taxes, and maintenance costs for which you are responsible for and therefore, rely on timely rental payments from your tenant(s) to meet these payment deadline obligations.

Reasons a Landlord Can Evict a Tenant

When rent is not paid on time, it is at the landlord’s discretion on whether or not they would like to offer a grace period to allow the tenant to produce the funds. However legally, the tenant can be served with a pay or quit notice at this point. If a solution cannot be reached between landlord and tenant, the issue will eventually escalate to an eviction hearing. The tenant will then be required to leave the property if the landlord is granted the eviction by the Hearing Master.

Also read: Can a New Property Owner Evict Existing Tenants?

On the other hand, if the Hearing Master rules in favor of the tenant due to the landlord not following legal eviction procedures, the tenant will be allowed to continue occupying the property. For this reason, it’s critical for landlords to follow the correct processes after a tenant fails to pay rent and not to skip steps in an attempt to remove the tenant quicker. In extreme cases, a Formal Eviction may be needed. This type of eviction procedure is much more expensive and time consuming, requires the aid of an attorney, and is only very seldom used when all other measures have failed.

Violation of Lease Agreement

Other than non-payment of rent, there are various reasons you may want to pursue an eviction when a tenant is acting in a way that violates the lease agreement. Some of the other violations may include:

  1. Keeping a pet in the rental property when doing such is stated as an explicit violation in the lease agreement
  2. Multiple complaints of noise or disturbance caused by the tenant
  3. Tenant fails to maintain the property as outlined in the lease
  4. If the tenant causes damage to property through deliberate vandalism
  5. If a tenant is subletting the property when the lease agreement clearly states this is not allowed

There are several other smaller violations which can be grounds for eviction, especially when the violation occurs multiple times and a clear pattern starts to form. As a landlord, you should always keep a record of the complaints which have been made against a particular tenant who has created disturbances before. You will be required to provide this as the reason behind your decision to evict the tenant when you claim their actions are compromising the safety and well-being of the others on the property and the property itself. With lease agreement violations becoming more and more of a common theme with tenants in the Las Vegas and Henderson areas, it is always a good idea to hire a reputable and knowledgeable Las Vegas property management company to help manage your rental properties and keep tenants in check.

Extensive Property Damage

The reason tenants are almost always required to give a security deposit before being given access to a rental property is to ensure the landlord is able to cover costs in the case that something is damaged or destroyed during the tenant’s tenancy. However, in addition to repairing whatever was broken, landlords also have to deal with the tenant that caused the damage. This often means that the landlord wants the tenant removed from the property to prevent further damage and avoid heated arguments.

Here are some of the damages which can warrant eviction: 
  1. Deliberately starting fires inside the apartment, creating a dangerous environment
  2. Extensive damage to the doors, windows, and appliances inside the apartment 
  3. Graffiti or other permanent paint changes that ruin the walls and/or floors

There are certain circumstances in which you cannot evict a tenant for property damage. The first is when the damages are minor, such as stains in the carpet and other common wear and tear scenarios that are part of normal everyday living occurrences. The second is when accidents happen, like when the water heater bursts leading to flooding and water damage in the rental property. With normal wear and tear, security deposit funds may be used for cleaning or repairs. In the case of an accident, the landlord may be responsible for all damages, depending on the lease agreement.

Using Eviction Experts

As a landlord, when it becomes clear you have one or more difficult tenants, it’s so important to handle these situations with caution and to follow the correct processes when considering eviction. Unfortunately, some tenants try to manipulate the situation in their favor. Instead of trying to handle the complicated eviction process alone, hiring a reputable and experienced eviction services company to help is an ideal route to take.

From serving the first eviction notice to making sure your documents are in legal order, they will help you figure out the best approach toward handling the issue and confirm that your evidence is solid to warrant a win, should you go to trial. Professional eviction experts will also ensure due process is followed so you do not inadvertently violate proper procedure. When landlords or property owners are faced with the difficult decision of evicting a tenant, it’s always best to have professionals on your side.

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Thomas J. Salomone 

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