Eviction Basics - Landlord Perspective

     We get a fair amount of calls from landlords who want to evict their tenant.  Here are some basic things to keep in mind.

1.  If you have a lease with your tenant, then the tenant has to have violated the lease in order for you to be able to evict them.  If a tenant with a lease has not paid rent, then you send a 14 day notice to quit.  Any other reason requires a full calendar month's notice or 30 days whatever is longer.  If you serve a 30 day notice to quit today, May 4, 2017 - the tenant has until June 30, 2017 at midnight to vacate.  There are some very narrow exceptions to these rules if there is drug use or if it is at the very end of the lease.  If you have either of those situations, call us to discuss.

2.  If your tenant has no lease, the same rules apply for non-payment of rent.  And, the same rules apply for the timing of a 30 day notice to quit.  The only difference is that if the tenant does not have a written lease, you may evict them without cause.  In other words, you can evict a tenant for: 1.) a good reason -- they are smoking or loud; 2.) a bad reason -- you don't like them anymore.  They have green hair; or .3) no reason at all.  HOWEVER, you cannot evict a tenant for an illegal reason.  You can not evict someone because of their race, gender, religion or nationality.  You can not evict someone because they have a child or a disability or secure a government voucher for housing.  

3.  If your tenant is withholding rent because of conditions at the unit, proceed carefully.  If the tenant followed the requirements under the statute to withhold rent and you stake steps to evict him or her, you must show, by clear and convincing evidence, that you are not evicting the tenant in retaliation for his or her complaints.

4.  Do not undertake self help and change locks or move your tenant's property out of the unit.  The law imposes treble damages, plus an award of attorney's fees to landlords to do not follow the prescribed process.

5.  Hiring a lawyer to undertake the Notice to Quit is a wise investment.  We know the timing requirements and services rules.  If the Notice to Quit is not done right, your case can be dismissed and you have to start all over again, losing considerable time in getting your tenant out of the unit.