Not All Tenant Issues Are Enforceable

You own a property and are trying your best to enforce all the rules. After all, you were smart enough to put them in the lease, right? Of course a court will throw the bums out for breaking every kind of rule you put in there, right? Well… you might be smarter to pick your battles. Some tenant issues aren’t enforceable in the courts. Whether or not they are depends on the law where your property is located, but here are some issues that will always be enforceable.

The number one issue that will always be enforced is non-payment of rent. After all, this is the basis of the entire relationship. You provide the tenant Not All Tenant Issues Are Enforceablewith a home to live in, and they pay you rent for the privilege of living there. A lease provides a lot of things, but the most basic of responsibilities is the payment of rent. How quickly you can evict depends on the lease terms and jurisdiction. If you give a grace period, then you will be required to wait until after that period, etc. To be sure, ask the attorney who helped you write the original lease. If you didn’t have an attorney write it, immediately have it reviewed!

In line with non-payment is when you have a tenant who is habitually late paying rent. You may have to give them so many “chances” or a specific number of late payments before you can evict. Again this will depend on the lease and jurisdiction.

One more reason: a tenant who has done damage to the property. You do NOT have to keep a tenant that is trashing your property. Putting a stop to it is important in keeping the value of your property. Damage is not normal wear and tear, you know, things like a stain or two in the carpet, or a few holes in the wall from picture hangers. Now, if the tenant intentionally damages the property then you will most likely get an eviction.

In all these cases, you will have to follow a specific procedure to evict. Be sure you know all the steps and rules! One misstep may mean you are stuck with the tenant! Hiring a good property manager can be a good way to make sure all the marks are met.

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