A large portion of the country’s population lives in rented or leased properties. A lease agreement is a legal contract between the landlord and tenant that establishes the rights and obligations of both parties. Leasing is popular because:
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it provides an opportunity for individuals to occupy houses and live in neighborhoods they otherwise might not have been able to afford, and
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it also affords individuals who want to purchase a home the opportunity to live in the area and get a feel for the neighborhood prior to committing to the purchase of a property.
Regardless of the reasons, leasing is a vital method used by many people to acquire proper housing. Each lease agreement contains specific clauses that outline tenant responsibilities and rules, such as noise policies, pet restrictions, and property damage allowances. Even so, there are things that can occur during a lease period that can result in a conflict with a landlord and might even result in the eviction of the tenants of a leased property. Violating the terms of the lease is considered a breach of contract and can have legal consequences. For example, a tenant who keeps a pet in a property with a no-pet clause is committing a lease violation.
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A Serious Lease Violation Can Lead to Eviction
Prior to signing a lease agreement, tenants must fully read the agreement and understand all of the minute details that are held within the document. Long-term leases are different from month-to-month leases because landlords cannot simply remove tenants with a 30-day notice to quit, which usually does not require a specific reason.
Leased properties, however, require that specific violations of the lease agreement occur before a landlord can initiate eviction proceedings. In most states, landlords must provide a certain number of days' notice before they can evict a tenant for a lease violation. Leased properties also have strict guidelines as to steps that must be taken by a landlord prior to an eviction and very specific timelines that must be met. These requirements can vary depending on local and state laws. With that said, there are certain things that a tenant might do or not do that constitutes a serious enough lease violation to give the landlord the right to evict the tenant, following proper legal procedures.
Failure to Pay Rent Is the Primary Cause of Eviction
The primary violation most tenants fall guilty of is non-payment of rent, late payment of rent, or late rent. All lease agreements stipulate the due date for lease payments and many specify penalties for late rent payments, but even one late payment can constitute a lease violation and give the landlord grounds for future action if they are so inclined. Generally, a series of late payments must occur for a landlord to initiate eviction and many landlords do not proceed with eviction for late payments as long as they are receiving the rent. However, nonpayment of rent will force a landlord to issue a pay or quit notice, which demands rent payment by a certain time or forces the tenant out of the property if that time frame is not met. Persistent nonpayment can also result in lease termination, which formally ends the lease agreement and may encourage the tenant to vacate voluntarily, provided proper legal procedures and notices are followed.
A Pattern of Lesser Violations Can Lead to Eviction
There are other actions that constitute lease violations, and while some are not serious enough to result in eviction, a pattern of lesser violations can result in frustrating a landlord to the point they consider eviction, such as:
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keeping a pet in a no-pet property,
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having unauthorized pets,
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repeated neighbor complaints for noise,
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creating excessive noise,
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not properly maintaining the property.
Engaging in illegal activities on the premises is a serious violation that can result in immediate eviction. Subletting the rental unit without the landlord's permission is a violation of the landlord's property rights and can lead to legal and eviction issues. Tenants are responsible for maintaining the space and preventing potential damage to the rental property. The security deposit may be used to cover potential damage if tenants violate the lease.
Causing damage to the property or partaking in illegal activity on the premises gives the landlord grounds to initiate an unconditional notice to quit, which can result in eviction within as little as five days depending on local and state law.
Notification of Violations
When a lease violation occurs, it is crucial for the property owner to address the issue promptly and in accordance with the lease agreement and local laws. The first step is typically to issue a formal lease violation notice to the tenant. This document serves as an official warning, clearly outlining the specific lease terms that have been violated, the corrective action required, and the deadline by which the tenant must comply.
A formal lease violation notice should be delivered to the tenant via certified mail, ensuring there is a record of delivery. This documentation is essential if the situation escalates to the eviction process, as it demonstrates that the tenant was informed of the violation and given an opportunity to resolve it. Common lease violations that may prompt such a notice include late or unpaid rent, unauthorized occupants or pets in the rental unit, property damage beyond normal wear, and repeated noise complaints or violations of quiet hours.
To prevent lease violations, tenants should thoroughly review the lease agreement before moving in and make sure they understand all lease terms, including rules about rent payments, pets, subletting, and property maintenance. Obtaining written permission from the property owner for any exceptions—such as having additional occupants or pets—is essential to avoid violating the lease. Tenants who fail to comply with these terms risk receiving a lease violation notice, which can lead to further consequences such as fines, damage to their credit, or even eviction.
If a tenant fails to correct the violation by the specified deadline, the property owner may need to take further legal action. This can include filing a lawsuit or initiating the formal eviction process, which typically involves serving additional notices and attending a court hearing to determine the outcome. Property owners should always follow local laws and consult with an attorney to ensure all procedures are properly followed and their rights are protected.
To minimize the risk of lease violations, property owners can take proactive steps such as conducting thorough tenant screenings, clearly outlining all lease terms and expectations in the lease agreement, and maintaining open communication with tenants. Regularly documenting any incidents, including dates and details, can also help support the property owner’s case if legal action becomes necessary.
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