Grounds for Eviction Other Than Non-Payment

For many reasons, a landlord may try to evict a tenant from an apartment or house. Understanding your rights and responsibilities can help you avoid eviction. This article provides an overview of other common grounds for eviction and what you can do.  

Landlord-tenant laws vary from state to state and county to county. Everyone’s situation, lease, property, and circumstances are different. A landlord-tenant lawyer can explain your legal rights under your state laws. Contact a local and experienced eviction attorney for legal advice.

What Are Grounds for Eviction Besides Non-Payment?

There are many reasons that a landlord may want you out of the rental unit. The most common is when the renter doesn’t pay rent. However, other grounds for eviction include: 

• Lease violations
• Staying over the term of the lease (holdover tenancy)
• Being a nuisance
• Damaging property

Lease agreements provide for the terms of the tenancy, security deposit, and rent-due payment terms. However, a rental agreement also contains tenant restrictions and requirements. These can include the number of renters living in the home, pets, altering the property, garbage collection, and engaging in illegal activities on the property.

If your behavior is disruptive, receives multiple complaints, or poses a danger to neighbors or the property, the landlord may have grounds for eviction. Nuisance behavior includes behavior in the apartment or common areas, like the parking lot or playground. Additionally, it includes the behavior of your guests.

There is a difference between ordinary wear and tear on the property and intentional or negligent damage. Damage to the property that goes beyond ordinary wear and tear can be grounds for eviction. 

What Can I Do if My Landlord Is Evicting Me for a Reason Other Than Non-Payment?

If your landlord is evicting you for a reason other than non-payment, you should contact a lawyer with experience in landlord-tenant law. In addition to the immediate devastating consequences and disruption for you and your family, an eviction can also have long-term consequences.

One eviction can ruin your credit report and make it difficult to get housing again. A landlord-tenant lawyer can help defend you, negotiate with the landlord, and represent you in rent court. A landlord-tenant lawyer can also assess your case and tell you your rights, so you know how to proceed.

Review your lease. You should understand the terms of your lease and whether your behavior or what your landlord is accusing you of violates the terms of the lease.

You can talk to your landlord or property manager. Evictions can be expensive for everyone, so most landlords are open to negotiation. You may be able to resolve your issues with your landlord or property manager just by talking with them in a friendly manner. A lawyer can do this for you.

If it becomes clear that your landlord will file for eviction in court, start collecting evidence related to your case. Take photographs, talk to neighbors and get witness statements, document interactions with your landlord or neighbors, and anything else that disproves the landlord’s position. 

What Is the Process for Evicting a Tenant?

The process for evicting a tenant varies depending on the state, county, or city laws. While specifics will vary, an eviction generally follows the following process: 

• Notice
• Filing an eviction lawsuit
• Court hearing
• Eviction order

The landlord must give the tenant a written notice. The written notice must identify the reason for the eviction, whether the tenant can prevent the eviction, and if so, how and by when. If the problem is not fixable, the notice must give the court date, time, and location of the court hearing in which a court, usually a county court, will decide on the eviction case. The notice period is generally at least 30 days from the date of the notice.

Court hearings for eviction actions will take place before a judge. The tenant and property manager present their cases, offer their proof, and take witnesses’ testimonies. The judge makes a ruling.

If the court rules in favor of the landlord, the tenant must leave or vacate the rental property. The court usually gives the tenant a date by which they must leave the property or risk removal by a sheriff. 

What Are Your Tenant’s Rights in Eviction Proceedings?

Tenants have rights that protect them throughout eviction proceedings. Those rights include: 

• Tenants have the right to receive proper notice (usually a 30-day notice period) before eviction proceedings.
• Tenants have the right to have an attorney throughout the eviction process.
• Tenant rights include the right to a fair hearing so they can present a defense.
• Tenants have the right to receive proper notice and a court order before a landlord can forcibly remove them and their belongings. 

What Are the Defenses to Eviction for a Reason Other Than Non-Payment?

You may have several legal defenses against eviction. If you can demonstrate that you have not violated the lease or have fixed whatever was wrong, a court may deny the eviction.

A court can deny the eviction if you prove that the property manager illegally retaliates against you. You can’t be retaliated against for reporting unsafe conditions or housing code violations.

A landlord cannot evict you based on illegal discrimination. If you can prove the landlord is trying to evict you because you are a member of a protected class, then the court may deny the eviction. Protected classes include race, ethnicity, national origin, gender identity, age, sexual orientation, religion, pregnancy, HIV status, color, or disability. 

What Should I Do if I Receive an Eviction Notice?

If you receive an eviction notice, you should read it carefully and be sure you understand the reason and time frame for the eviction. Talk to a landlord-tenant attorney to discuss your options and prepare a defense. Gather all the evidence you can to support your case, including photos, payment records, and a copy of the notice.

Be sure to attend the court hearing to present your case. If you do not show up, the eviction case will likely not be postponed. The landlord will receive a default judgment, and the court will automatically grant the eviction.

How Can I Find Legal Help To Fight an Eviction Action?

Evictions are serious and can devastate your family both immediately and in the long term. Because of the seriousness of evictions, many legal aid organizations offer free or low-cost legal services to people who qualify. You can also ask for referrals from friends. You can also talk to a landlord-tenant lawyer. If you’re facing eviction for something other than non-payment of your rent, have an eviction lawyer by your side.