Has Your Lease Agreement Been Violated By Your Tenant?
A thorough, carefully worded lease goes a long way when it comes to fostering a healthy landlord-tenant relationship. Unfortunately, some tenants seem determined to violate the terms of their leases no matter what.
Conscientious tenants will address lease violations when served with a notice, but others won’t. If the tenant’s bad behavior persists, it may be necessary to pursue a violation-of-lease eviction. Here’s what you need to know about the process from an eviction lawyer.
Understanding Lease Violations and Eviction Law
Generally speaking, landlords don’t jump to evict tenants for minor lease violations. For instance, if a tenant is responsible for lawn maintenance and rarely mows the yard, the problem can usually be resolved with a polite reminder from the landlord. Serious or repeat lease violations are far more likely to lead to eviction.
CONTACT USCommon Lease Infractions
While by no means an exhaustive list, here’s a look at some of the most common types of rental agreement violations that prompt landlords to evict tenants:
Property Damage
Landlords should expect some general wear and tear whenever a tenant rents a property. However, if there’s major damage beyond what one would usually expect, the landlord may choose to evict the tenant before they have the chance to damage the property further.
Illegal Activities
If a tenant engages in illegal activities (like dealing drugs) in a rental property, it’s not just a lease violation — it may also create liability concerns for the landlord. If a tenant is doing something illegal, it’s in the landlord’s best interests to evict them as soon as possible.
Subletting Without Permission
Most landlords don’t allow tenants to sublet properties. If it becomes clear that a tenant is leasing all or part of the property to someone else without the landlord’s permission, they may choose to evict.
Moving in Unauthorized Occupants
Standard leases generally allow tenants to have short-term visitors. However, if a tenant allows a friend or family member to live on the property without adding them to the lease, the landlord might have the right to evict them.
Unauthorized Pets
Landlords don’t allow pets on rental properties for a number of reasons. They might have allergies or worry about property damage. Their property insurance might also refuse to cover certain breeds of dogs. In many cases, keeping an animal on the property without permission is grounds for eviction.
Not Allowing the Landlord Reasonable Access
While tenants generally have exclusive rights of access to a rental property, they must allow the landlord access for legitimate purposes like repairs. If the landlord gives them proper notice and the tenant still refuses them access, eviction might be appropriate.
Repeated Violations
In some cases, it may not be a single lease violation that makes a landlord evict a tenant. If a tenant has consistently violated the terms of the lease, the landlord may decide that they’re too much trouble to deal with.
For example, if a tenant repeatedly plays loud music at all hours, has caused damage to the property, and has allowed multiple friends to move in, the landlord might conclude that the hassle of eviction is preferable to putting up with continued lease violations.
Legal Criteria for a Tenant’s Lease Violation Evictions
In California, landlords must have “just cause” to evict a tenant. A breach of a material term of the lease is an example of just cause, as is criminal activity on the property.
If you’re considering evicting a tenant, be prepared for them to challenge the action in court. California is a tenant-friendly state, so having proof of lease violations is essential.
The laws around evictions for lease violations can be extremely intricate. If you’re unsure whether you have legitimate grounds for eviction, consult a qualified landlord-tenant attorney. Eviction laws and procedures can vary based on jurisdiction, so you should always work with an attorney who understands local laws.
Legal Process for Evicting a Tenant for Lease Violations
While it’s advisable to have an attorney handle the eviction process for you, it’s still a good idea to be generally familiar with the process. Here are some key points to be aware of:
Serving a Notice to Cure or Quit
Usually, sending a 3-Day Notice to Cure or Quit is the first step when dealing with lease violations. However, some cities require you to send a cease-and-desist letter first. This type of letter identifies the lease violation and tells the tenant to stop.
If the problem continues after you send a cease-and-desist letter (or if you aren’t required to send one in the first place), the next step is to serve a 3-Day Notice to Cure or Quit, also sometimes called a 3-Day Notice to Perform Covenants or Vacate the property. This notice must be in writing and include the following:
- The address of the rental property
- The tenant’s name
- A clear explanation of the lease violation
- An explanation that the tenant must either fix the problem or move out in three days
The three-day deadline doesn’t include weekends or court holidays, and the countdown starts the day after you serve the notice.
Serving a Notice to Quit
If the tenant ignores the notice and the problem persists after the deadline has passed, you may be required to serve a 3-Day Notice to Quit. Unlike a Notice to Cure or Quit, this notice doesn’t give the tenant an opportunity to stay if they remedy the issue — it simply lets them know they have three days to move out.
Like a 3-Day Notice to Cure or Quit, the countdown to the deadline starts the day after you serve the notice. However, with a Notice to Quit, weekends and holidays count toward the three days. If the third day falls on a weekend or holiday, the deadline is moved to the next business day.
In cases where the tenant’s behavior is especially egregious or dangerous, it might be better to serve a 3-Day Notice to Quit without first serving a Notice to Cure or Quit.
However, since some jurisdictions require you to give the tenant an opportunity to fix the issue, you should talk to a landlord-tenant lawyer to determine whether this course of action is advisable.
Filing an Eviction Lawsuit
If the tenant complies with the three-day notice — either by fixing the problem or moving out — it will save you a considerable amount of time, money, and hassle. However, if the tenant does nothing, you’ll need to file an eviction lawsuit.
Filing an eviction lawsuit is considerably more complex than serving a notice, and there’s a lot more room for error. If possible, you should hire an experienced attorney to handle this procedure.
Here’s an overview of how the eviction process works:
File the Lawsuit
To start the process, you must file the proper paperwork with the court. This includes proof that you served the tenant notice, proof of their lease violations, and any other evidence needed to support your case. You must also pay a filing fee.
Serve a Copy and Wait for the Tenant to Respond
Once you file the lawsuit, you must serve a copy to the tenant, who will have 10 court days to respond. If they file an Answer, it means they’re ready to contest the eviction in court. If they do nothing, you’ll likely win by default.
Ask for a Trial Date or Default Judgment
If the tenant files an Answer, you can ask the court to set a date for the trial. If the tenant doesn’t respond and the deadline has passed, you should ask the court to enter a default judgment in your favor.
Go to Trial if Needed
If the case goes to trial, you and the tenant will each argue your positions during the court hearing, and the judge will make the final decision. It’s wise to have a lawyer represent you during this crucial step.
Obtain a Writ of Possession
If the court rules in your favor, your next step should be to obtain a Writ of Possession. This document authorizes the local sheriff to remove the tenant by force if they refuse to leave.
How CA Property Law Group’s Eviction Lawyers Can Help Landlords
Dealing with lease violations can be overwhelming, especially if your tenant is hostile and refuses to address the issue. The skilled team of eviction lawyers at California Property Law Group has years of experience navigating eviction law and eviction procedures in Los Angeles County, San Bernardino County, Orange County, and Ventura County.
Don’t try to handle these disputes over an eviction on your own. Contact our eviction lawyers to get more information on how we can assist you.
