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Evictions

Evictions are never pleasant. The reasons for eviction vary dependent on the individual or situation. With “no-cause” evictions being targeted by cities and states as being unlawful and unfair, and ultimately being removed as options to landlords this leaves only for cause eviction proceedings. So, which of the following are cause for an eviction?

A. Noise Complaints

B. E-Cigarette Use

C. Medical Marijuana Use

D. Landscape Damage

E. Unpaid Rent

F. Unauthorized Pet

G. Any of the Above

 

Answer: G

Although any of the instances above may end up in an eviction, they most likely will not. Most are “curable” under the law.  For example, (A) Noise complaints can be rectified by turning down TV or stereo volume, you must have documented multiple infractions of this lease violation for a judge to even considered eviction for this. (B and C) exceptions here may be that you have verbiage in the lease that specifically states drug or e-cigarette use on the premises is grounds for immediate termination.  However, this too is open to interpretation by the judge that would hear the case. (D) Yards can be cleaned up, landscaping repaired, again, multiple infractions of this lease violation including fines from a city may need to be documented for a judge to consider this as “for cause”. (E) Rent can be paid. A judge will most likely not consider things like unpaid fees or utilities, make sure to get full payments from your tenants if eviction is pending. (F) An unauthorized pet can be approved to stay with fees paid, or removed from the premises.

If you are managing a rental property on your own, when considering an eviction, it is imperative to seek legal counsel to ensure you have covered your bases and have the proper documentation and back-up to present your case to the courts, better yet, to win your case.  Although evictions are never pleasant, we at Real Property Management strive to guide you through the process with as few head and heartaches as possible. Please contact us if you are interested in more information about property management. When we take the reins, we can handle the process of eviction for you, or come to an agreement with the tenants to get them compliant with the lease. We’d love to help! Call Amanda or Kalin at 210-787-3876 or email: amanda@rpmalamo.com.

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