Having tenants on your property comes with risks. As a landlord, you always prepare a lease agreement for prospective leaseholders to sign before they assume temporary ownership of the unit. By signing the document, the person explicitly agrees to abide by the rules or face the consequences.
The lease agreement you prepare should be comprehensive, covering all areas of your relationship with the tenant. The language must clearly state the consequences of breaking a rule.
Despite your best efforts to draft the best lease agreement and honor your responsibility as a landlord, some tenants may knowingly or unknowingly go against the agreement.
Some lease violations are minor, and a single breach may not warrant serious consequences. However, others are extreme and, depending on the state, may result in eviction within days.
Below are possible ways a tenant can breach their contract. But first, what makes an action a violation of the lease?
What Constitutes a Lease Violation?
The agreement must expressly mention an action for it to qualify as a lease violation. It is not a violation simply because you do not like it.
For example, if you do not want pets on your property, you must clearly say that in the lease agreement. If you fail to do so, you cannot take any action against a tenant for keeping pets.
Using a lease agreement template ensures that your draft considers every potential violation. As mentioned, some lease violations can lead to legal action and eviction.
Top Lease Violations that Lead to Eviction
If a tenant commits a serious offense, landlords can take the necessary steps to evict them. The following are the top reasons landlords often need to evict a tenant.
Illegal activities
Engaging in illegal activities, such as drug abuse, fraudulent activity, and violent assault, is against the law in any state. Landlords should report such to the police immediately and initiate the eviction process with a notice to terminate the lease.
Non-payment of rent
Failing to pay rent is the leading cause of eviction. The lease agreement stipulates when rent is due and the late payment fee a tenant may incur for being late. A single missed deadline may not attract any action beyond late fees. However, recurrent lateness or not paying violates the lease and can result in eviction.
Property damage
Aside from covering repair costs, a tenant who willfully causes damage to their leased property can be evicted, especially if they continue to do so after a first warning.
Breach of lease
A tenant can breach their contract by refusing to perform their contractual duty, failing to execute an obligation, or impeding the landlord's ability to perform his duties. Every violation discussed here is a breach of lease, provided it is spelled out in the contract the tenant signed.
Other Lease Violations
The following lease violations do not lead to eviction as often as the ones discussed above. Nevertheless, tenants should refrain from committing them because they strain their relationship with a landlord, and repeated violations can have dire consequences.
-
Noise Violations
Playing overly loud music, thumping on walls, and late parties can affect the landlord's or other tenants' quiet enjoyment of their property. A repeat violator of noise ordinances can face serious consequences, including eviction.
-
Keeping pets against the conditions of the lease
Sneaking pets into a no-pet zone is a violation. Landlords who make this a condition of the lease can enforce stipulated consequences.
-
Guests staying for too long
An overnight guest or friend who stays for a few days is no cause for worry. However, guests staying for weeks, months, or indefinitely can cause problems. Having someone on your property who you cannot screen and who is not obligated to live by the lease agreement is a risk you do not want to take. Be sure to include strong language in the lease that prohibits long-term guests.
-
Subletting the property
It is illegal to sublet a leased property without the landlord's permission. If you find out that a tenant is renting out part of their property, you should demand that they stop immediately. Otherwise, you should take legal action.
-
Unsanitary conditions
Inspecting the property may reveal unpleasant surprises, such as unsanitary and unsafe conditions due to neglect. There are legal ramifications for this. You can deduct the cleaning costs from a tenant's security deposit.
-
Unauthorized property modifications or renovations
Your lease agreement most likely states that tenants should stay in and leave the property as they found it. Unless you authorize modifications, they cannot do so at will. Renovations and decorations should also follow the building rules.
This list is not exhaustive. Whenever a tenant breaks any rule or does not meet the requirements you included in the contract, they should face the consequences outlined in the lease. The process looks different in different jurisdictions but follows the general steps outlined below.
What to Do When A Tenant Breaks the Lease
If you are confident that a tenant is breaking their lease agreement, you should take the following steps to address the situation.
Talk to the tenant
Speaking with a tenant first can resolve the issue unless the violation is criminal activity. In that case, you should promptly report the crime to the authorities.
Check your state and local laws
Eviction laws vary by state and sometimes county. Here is an example for Nebraska, but each state will have its own regulations, so you must understand your local laws. This way, you know, for instance, how early you should give a lease termination letter.
Give formal notice
While not enforceable, a legal notice, such as a Cease and Desist or a Demand Letter, is a final step before you can proceed with legal action.
File a lawsuit
If every effort to resolve a violation out of court fails, you may have no choice but to file a lawsuit. Remember, you cannot evict a tenant without a court order, cut off utilities, or lock them out of the property.
The law requires you to serve an eviction notice before initiating the process. The notice gives tenants time to leave voluntarily instead of waiting for litigation.
Both tenants and landlords hope for a smooth relationship when they enter a contract. However, experience has shown that not all tenants keep their word. Some violations are minor, while others are so serious they result in the need for a speedy eviction.
Make sure any potential violations are outlined clearly in your lease agreement to prevent headaches later on.
Helpful Resources:
Having tenants on your property comes with risks. As a landlord, you always prepare a lease agreement for prospective leaseholders to sign before they assume temporary ownership of the unit. By signing the document, the person explicitly agrees to abide by the rules or face the consequences.
The lease agreement you prepare should be comprehensive, covering all areas of your relationship with the tenant. The language must clearly state the consequences of breaking a rule.
Despite your best efforts to draft the best lease agreement and honor your responsibility as a landlord, some tenants may knowingly or unknowingly go against the agreement.
Some lease violations are minor, and a single breach may not warrant serious consequences. However, others are extreme and, depending on the state, may result in eviction within days.
Below are possible ways a tenant can breach their contract. But first, what makes an action a violation of the lease?
What Constitutes a Lease Violation?
The agreement must expressly mention an action for it to qualify as a lease violation. It is not a violation simply because you do not like it.
For example, if you do not want pets on your property, you must clearly say that in the lease agreement. If you fail to do so, you cannot take any action against a tenant for keeping pets.
Using a lease agreement template ensures that your draft considers every potential violation. As mentioned, some lease violations can lead to legal action and eviction.
Top Lease Violations that Lead to Eviction
If a tenant commits a serious offense, landlords can take the necessary steps to evict them. The following are the top reasons landlords often need to evict a tenant.
Illegal activities
Engaging in illegal activities, such as drug abuse, fraudulent activity, and violent assault, is against the law in any state. Landlords should report such to the police immediately and initiate the eviction process with a notice to terminate the lease.
Non-payment of rent
Failing to pay rent is the leading cause of eviction. The lease agreement stipulates when rent is due and the late payment fee a tenant may incur for being late. A single missed deadline may not attract any action beyond late fees. However, recurrent lateness or not paying violates the lease and can result in eviction.
Property damage
Aside from covering repair costs, a tenant who willfully causes damage to their leased property can be evicted, especially if they continue to do so after a first warning.
Breach of lease
A tenant can breach their contract by refusing to perform their contractual duty, failing to execute an obligation, or impeding the landlord's ability to perform his duties. Every violation discussed here is a breach of lease, provided it is spelled out in the contract the tenant signed.
Other Lease Violations
The following lease violations do not lead to eviction as often as the ones discussed above. Nevertheless, tenants should refrain from committing them because they strain their relationship with a landlord, and repeated violations can have dire consequences.
-
Noise Violations
Playing overly loud music, thumping on walls, and late parties can affect the landlord's or other tenants' quiet enjoyment of their property. A repeat violator of noise ordinances can face serious consequences, including eviction.
-
Keeping pets against the conditions of the lease
Sneaking pets into a no-pet zone is a violation. Landlords who make this a condition of the lease can enforce stipulated consequences.
-
Guests staying for too long
An overnight guest or friend who stays for a few days is no cause for worry. However, guests staying for weeks, months, or indefinitely can cause problems. Having someone on your property who you cannot screen and who is not obligated to live by the lease agreement is a risk you do not want to take. Be sure to include strong language in the lease that prohibits long-term guests.
-
Subletting the property
It is illegal to sublet a leased property without the landlord's permission. If you find out that a tenant is renting out part of their property, you should demand that they stop immediately. Otherwise, you should take legal action.
-
Unsanitary conditions
Inspecting the property may reveal unpleasant surprises, such as unsanitary and unsafe conditions due to neglect. There are legal ramifications for this. You can deduct the cleaning costs from a tenant's security deposit.
-
Unauthorized property modifications or renovations
Your lease agreement most likely states that tenants should stay in and leave the property as they found it. Unless you authorize modifications, they cannot do so at will. Renovations and decorations should also follow the building rules.
This list is not exhaustive. Whenever a tenant breaks any rule or does not meet the requirements you included in the contract, they should face the consequences outlined in the lease. The process looks different in different jurisdictions but follows the general steps outlined below.
What to Do When A Tenant Breaks the Lease
If you are confident that a tenant is breaking their lease agreement, you should take the following steps to address the situation.
Talk to the tenant
Speaking with a tenant first can resolve the issue unless the violation is criminal activity. In that case, you should promptly report the crime to the authorities.
Check your state and local laws
Eviction laws vary by state and sometimes county. Here is an example for Nebraska, but each state will have its own regulations, so you must understand your local laws. This way, you know, for instance, how early you should give a lease termination letter.
Give formal notice
While not enforceable, a legal notice, such as a Cease and Desist or a Demand Letter, is a final step before you can proceed with legal action.
File a lawsuit
If every effort to resolve a violation out of court fails, you may have no choice but to file a lawsuit. Remember, you cannot evict a tenant without a court order, cut off utilities, or lock them out of the property.
The law requires you to serve an eviction notice before initiating the process. The notice gives tenants time to leave voluntarily instead of waiting for litigation.
Both tenants and landlords hope for a smooth relationship when they enter a contract. However, experience has shown that not all tenants keep their word. Some violations are minor, while others are so serious they result in the need for a speedy eviction.
Make sure any potential violations are outlined clearly in your lease agreement to prevent headaches later on.
Helpful Resources:
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