Transition tenants out of the rental unit as quickly and cheaply as possible, taking into account time, risk, and fees.
Evicting a tenant is one of the most thankless but necessary tasks that come with being a landlord. Please don’t go it alone. MT Evictions will ensure that all procedural requirements are followed to the letter.
There are many reasons to evict. Some of them are obvious like failure to pay rent or having blowout parties that cause damage to the property.
Others can be categorized as “no-fault” evictions because the tenant is escorted out of the rental unit through no fault of their own.
Many nuances apply and there is a complicated patchwork of local rules that govern evictions, but we take the guesswork out of the equation. You'll find our approach to be direct and sensible by looking at the bigger picture while skillfully handling the details.
Non-payment of rent
When a tenant is late on rent, we will make a demand for payment. If it goes unpaid, an unlawful detainer action can be filed - this is the trade word for eviction. In a pre-pandemic world, there were many defenses tenants or their attorneys could raise. For example, asking for an improper rent amount, using bad notices or serving them incorrectly, failing to maintain the rental unit in a habitable condition, etc.
Enter COVID-19 and there are many other requirements such as showing the court you have sought state or local rental assistance, you have notified the tenant of their rights and how to apply for governmental funds, and so forth. We will make sure all of the I’s are dotted and T’s are crossed.
When a tenant becomes a problem, it can be loosely defined as a “nuisance” and the behavior can range from playing loud music to operating a meth lab, and everything in between.
MT Evictions can put the tenant on notice to quit the underlying behavior. If the nuisance doesn’t cease, we will document the unacceptable conduct, seek witnesses if need be, and file an eviction action.
Keep in mind, some acts like criminal activity or violence are not “curable,” meaning the landlord can evict quickly if we can show there is an imminent threat to public health or safety.
Other breaches of the lease
A tenancy begins by signing a lease that lays out the mutual obligations of both the landlord and tenant. It spells out what the tenant can and cannot do.
When residents violate the lease terms, for example having an unauthorized pet or subletting the property to someone, it is grounds for eviction.
Owner move-in (OMI) or Relative Move-In (RMI) Evictions
Oftentimes, the landlord or a close relative wants to recover possession of a tenant-occupied rental unit for their own use. This comes with several caveats.
The owner or their relative must reside in the rental unit for a certain period of time and must provide relocation assistance to the outgoing tenant. Other restrictions apply.
Ellis Act Evictions
Many of our clients throw in the towel and decide to get out of the rental business. They are fed up with playing landlord. Perhaps they are without rental income because of local eviction moratoriums, or it is time to retire and get closer to the kids.
Whatever the reason for the decision to exit the real estate business, owners may use the Ellis Act to permanently remove units from the rental market. This comes with a host of statutory obligations, including relocation payments.
Intent to demolish or to substantially remodel the residential real property
We emphasize the term "substantial." Rest assured, it is not refinishing a hardwood floor or upgrading a kitchen. The landlord must pull proper permits, give ample notice to the tenant, and show why the work cannot be done safely with the tenant in place and why the work requires the tenant to vacate the property for at least 30 days.
The displaced tenant is also entitled to compensation for the trouble of being uprooted and to find another soft place to land.
When a guest over warms their welcome, owners can use a forcible detainer to remove them. During the pandemic, many property owners gave their family members and friends a temporary place to stay.
These guests have a limited license to occupy the premises, but when it is time to go, it is time to go.
It is possible to terminate a tenancy when the resident commits "waste," which means that he or she substantially or permanently diminished the market value of the property as a whole.
For example, the tenant causes a fire to the building.
Refusing the landlord access to the rental unit
Every tenant is entitled to "quiet enjoyment" of the premises and this means the landlord cannot barge in anytime they please. Unless there is an emergency situation like a fire or flood, the landlord must give proper notice to enter and state a specific purpose like making necessary repairs or showing the unit to prospective renters.
When the tenant gives the landlord or their agents the cold shoulder and obstructs access, this may be grounds for eviction.
Failure to deliver possession of the rental unit following written notice to the landlord of the renter’s intention to terminate the lease, which the owner has accepted in writing.
People are, of course, free to move on and seek greener pastures.
Once a tenant decides to fly the coop, they are committed to leaving and if they don’t vacate, it may be a cause for eviction.
This list is not exhaustive.
For informed guidance, contact the allies of landlords.