Did you know that around 3 million Americans are evicted each year?
There are many misconceptions about how to evict tenants from rental properties, even though full evictions happen frequently. Since they are the ones who own the apartment, landlords might believe they are entitled to behave however they please. However, this simply isn't the case.
Are you interested in learning more about evictions and about the common eviction myths out there? Continue reading this article to find out everything you need to know about these common tenant eviction myths.
1. Landlords Can Evict Tenants At Any Time and For Any Reason
To evict a tenant, landlords must have a solid legal reason. The following are the three legal justifications for evicting a tenant:
- non-payment of the full rent amount
- violating the terms of the lease
- unrenewed lease
Landlords are prohibited from serving formal eviction notices due to sensitive issues. For instance, you and your tenant have a falling out. Your justification cannot be based on any form of discrimination that is prohibited by the Fair Housing Act.
Here is the truth: a landlord can't evict a tenant who is paying rent and abiding by the terms of the lease.
2. Everything In the Lease is Legally Binding
Another myth that some landlords hold is that they have the power to compel tenants to comply with anything. Even though a lease is a legally binding agreement, it cannot contain provisions that violate common, state, or federal law.
For instance, landlords are required to offer livable space. Therefore, you cannot assign tenants the sole responsibility for repairs and maintenance. Things like repairing faulty plumbing or a leaking roof fall under the purview of the landlord.
However, it's possible that tenants will need to clean the windows, mow the lawn, and maintain the rental property.
3. Landlords May Enter a Property at Any Time
Unless there is an emergency, landlords cannot simply show up at a rental and demand access to the rental property. Tenant rights to quiet enjoyment are safeguarded by the "Covenant of Quiet Enjoyment." It is forbidden to bother your tenants, and you must respect their privacy under the "Quiet Enjoyment" clause.
The laws governing giving tenants adequate notice before entering the rental property must be known by landlords. In many jurisdictions, you must give tenants written notice at least 24 hours in advance. Other states only require "adequate notice," not more.
4. Landlords Can Postpone Repairs and Maintenance During Eviction Process
Even though you have to evict a problematic tenant, you as the landlord, are still subject to the terms of the lease. This implies that you still have to make necessary repairs and maintain the rental property. Rent arrears or unruly behavior of the tenant have no bearing on your duties as a landlord.
Additionally, if your tenant refuses to pay the rent, you are not permitted to retaliate. Even though you might want them to leave right away, you cannot turn off the utilities or make the apartment uninhabitable.
Debunk These Common Myths About Tenant Evictions
When it comes to tenant evictions, there are many misconceptions circling around. However, it's important to do your research and understand the eviction process yourself rather than relying on word-of-mouth rumors. Now that you're aware of these myths and have gotten some eviction advice, you can be more informed as a tenant.
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