8 Material And Irreparable Breaches Where Immediate Eviction Is Justified

By on March 1, 2018

When you first step foot into the world of landlording, one of the things that other landlords warn you about is that there is a proper process for eviction.

Stepping out of line can leave you wide open for lawsuits.

This is why landlords often tread carefully whenever there is a need to take more serious action against a tenant.

However, there are occasions of material and irreparable breach when immediate eviction of the tenant is justified.

You would of course, wish you’d never encounter these situations.

But if you’ve exhausted all resources to settle things amicably without success, here are 8 of those occasions.

1) Prostitution

It goes without saying that you would not want any vice activities going on on your property.

Prostitution is a serious offense according to the law. And any funny business conducted on your property can leave you open to legal proceedings too.

However, prostitution on the premises is not easy to prove in court.

If this is the reason you are pursuing an immediate eviction of a tenant, then be prepared to submit proof, evidence of arrest, or witnesses who can prove your case.

Just having a serious suspicion or hearing gossip will be insufficient to a judge.

2) Drugs

One of the worst nightmares of a landlord is to find a tenant dealing with the manufacture, sale, or possession of drugs on the property.

The thing is that this is a situation that can often catch you off-guard.

Because usually, it is neighbors who become informants to the authorities when the landlord has absolutely no idea of what is going on.

You shouldn’t need a second opinion of whether to evict a tenant when you find that they are dealing in drugs.

3) Gang activity

How do you determine whether activities are gang related or just innocent gathering of friends?

This is very much a judgment call when you cannot be certain.

In order to force an immediate eviction endorsed by the court, you will need witnesses or evidence of arrest to prove your case.

4) Illegal weapons

Depending on where you are located, undocumented weapons possession might actually be legal!

However, the illegal discharge of a weapon is definitely an offense of a serious criminal nature.

This means that even if a tenant holds a proper license for a gun, illegally discharging, even at home, it is an offense serious enough as grounds for eviction.

5) Homicide

Murder is a serious altercation involving a house.

That is self-explanatory.

There have been cases where tenants were served with notices of eviction even when they were the victims instead of the attacker.

Do check with a real estate attorney whenever you are in doubt about your available courses of action when an event as bad as this occurs in one of your units.

6) Assault

While physical assault is nothing like a homicide, it carries the same weight as murder when it comes to reasons for evictions.

7) Threatening another resident

This often occurs in multi-family apartments where tenants are unable to live in peace with one another.

In some cases, victims of threat can also be the property manager.

This can be due to the manager being too bold and brazen in how they conduct their business operations.

However, this is often difficult to prove in court unless there is testimonies given by the victims.

And being afraid of the bully, victims might choose not to testify at all!

This is why this is the hardest material breach to prove.

8) Serious property damage

What degree of damage is considered serious? And what are minor?

This is a question where the answer depends.

When in doubt, consult a lawyer.

Finally, there are 2 important points to note if evicting a tenant is on your mind… unless you somehow managed to get rid of tenants without eviction.

Firstly, you should check with your real estate attorney about the costs of professional fees. Lawyers don’t come cheap.

Secondly, written notices can play a crucial role in legitimately evicting your tenants.



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