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The Reasons You Can (and Can’t) Evict a Tenant

Eviction Notice in an EnvelopeThere are numerous factors that contribute to a landlord’s success; one of the most vital is knowing when and how to evict a tenant. Read on if you’re not familiar with the eviction process or want to learn when you can (and can’t) evict a renter. The top reasons landlords evict tenants, as well as the processes involved in the eviction process, will be discussed in this blog post.

Understanding Just Cause

All Marion property managers need to understand that eviction is a legal process in which you must seek a court order to remove a renter from your property You can’t just change the locks or throw a tenant’s things out the window. Both of these measures would be in violation of the rights of your tenant.

You need “just cause” to evict a tenant. The just cause indicates you have a legal justification to evict the tenant, such as property damage, non-payment of rent, or a breach of the lease terms. Apart from “just cause”, you cannot legally evict a tenant.

Reasons You Can Evict

Unpaid rent is one of the most common reasons landlords expel tenants. If your tenant does not pay their rental fees, you can give them formal notice that they have a specific amount of days to pay or leave the property, as the state legally requires. You may file for eviction if the renter refuses to cooperate. Be sure that you comply with the stipulations of the lease agreement and any state and local laws that may apply.

Damage to the property is another typical ground for eviction. You can give your tenant a written notice to repair the damage or vacate if they have caused significant damage to the property beyond usual wear and tear. You may apply for eviction if your renter refuses to cooperate.

Violation of other terms in the lease gives just cause for eviction as well. For instance, if your renter has violated the “no pet” clause in the lease by keeping a pet, a letter of warning may be given requiring the removal of the animal or vacating the premises. You can apply for eviction if the tenant refuses to comply. This same procedure applies to all the terms written in the lease.

Reasons You Can’t Evict

Moreover, there are several reasons why you cannot evict a tenant, despite the fact that they have acted in such a way that would necessitate eviction. As an example, a tenant cannot be evicted simply because they desired certain repairs to the property or have become irritable over the condition of the unit. Also, it is unlawful to evict a tenant based on color, religion, race, familial situation, national origin, disability, or sex. These designated groups cannot legally be used for a cause for eviction, and attempting to do so may end in discrimination litigation.

The Eviction Process

If you discover yourself in the awful situation of needing to evict a tenant, there are a few simple measures you must take. First, you must provide a proper written statement for the renter describing the reason for the eviction and the deadline by which they must evacuate the premises. The next step is to go to the court and file an eviction petition and the renter will be duly notified. If the renter fails to come to their appointed court appearance, you can receive a default judgment in your favor. Finally, if the tenant refuses to go, you can have the legal authority in your area evict them.

While evicting a renter is never a positive experience, sometimes it is inevitable. Eviction is a difficult process, and understanding why you can (and can’t) do it will enable you to manage this difficult predicament.

If you’re worried about being evicted, it’s a good idea to talk to a professional about your options. Contact Real Property Management Indianapolis Metro to speak to a local rental property professional today at 317-484-8444.

We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. See Equal Housing Opportunity Statement for more information.