A critical element of successful property management is compliance with state and federal regulations governing the landlord-tenant relationship. While the specifics of these regulations vary by state, here are the basics:

Tenants must:

  • Pay rent, in full and on time.
  • Take care of the property in a reasonable manner.
  • Not sublet the property or take in additional residents without the landlord’s written permission.

Landlords must:

  • Not discriminate during the tenant selection process.
  • Put the lease agreement, including who pays for what utilities and who is responsible for what maintenance, in writing.
  • Keep the property in good repair.
  • Allow the tenant privacy and “quiet enjoyment” of the property.
  • Notify tenants in writing if the property changes ownership.
  • Neither impedes the tenant’s access to the property, nor turn off utilities.
  • Follow the legally specified notification process if requiring a tenant to vacate the property.

When Eviction is Possible

There are three main situations in which property owners and managers can evict their renters. These scenarios include:

  • If a tenant fails to pay rent
  • If a tenant poses a health or safety risk to a property and/or other renters at a property
  • If a tenant breaks the terms of a rental lease agreement

Owners and managers often include language in a rental contract stating no illegal or dangerous activity can be conducted by a renter on a property, the website states, which gives substantial merit to one’s choice to evict a renter taking part in these activities.

If a tenant fails to pay rent for one or two months, property owners and managers tend to be lenient and simply mandate the renter make up for it by a certain period in the near future. However, continuous failure to pay provides you with considerable legal merit to kick a renter out of a unit.

While there may be other situations where eviction is feasible (and recommended), these are the primary conditions which call for removing a tenant from a property, according to the website Bigger Pockets.