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5 Major Reasons You Can Legally Evict Tenants
Posted: Jan 11, 2019
It is perfectly legal to evict tenants if landlords have a solid reason for it. Buying and renting real estate in Irvine, CA, can be a challenge for some people, especially if they have to evict tenants. However, here are five main reasons shared by Irvine Residential Living Agent landlords should remember.
1. Not Paying Rent
One of the most common reasons why landlords evict tenants is not paying rent on time. There are other possibilities than a tenant who denies paying rental payments every month. If the tenants are habitual of paying rent weeks after the deadline, the landlord is allowed to file an eviction case against them if they follow Section 1161 of the California Code of Civil procedure. Every landlord have legal rights to increase the rental payments and demand rent if the tenants overdue.
2. Breaking Lease Agreements
If the landlord agree to allow three people to rent out their place and later found out two extra people have moved in, then they can evict all the tenants. Landlords have to give an official notice to the tenants three days before they take the matter to the court. The landlords can file an unconditional notice if the tenants outrageously violate the lease agreements as long as they are following their end of the contract.
3. Major Zoning Violations
If a tenant runs a small business such as a hair salon in your house, they would be clearly violating the lease agreement and zoning ordinances. If your property is not zoned for business purposes, the tenants are making you liable to breaking state laws. This is another common deal breaker many homeowners have to face in the US. The city inspectors often caught tenants who are running successful businesses from their home and charge them for zoning violations. In a few cases, landlords feel startled when they receive a notice of zoning violation and realize their rental property have been turned into a business.
4. Criminal Use in a Rental Property
In many states, landlords might be held responsible if they fail to prevent tenants in getting involved in criminal activities. Landlords should evict the tenants quickly if they have transformed their rental property into a drug storefront or prostitution centers. The local law enforcing agencies can help the landlords in case criminals have moved into their rental properties and refuse to empty the house.
5. Ending of Month-to-Month Tenancy
After a year the lease contract expires, tenants and landlords can make a mutual decision to continue the tenancy on a month-to-month basis. The rental agreement can be canceled agreeably by the landlord and tenant of the landlord giving them a notice to vacate the property within a month. The tenants might be able to prolong their stay if their landlords are not legally following Section 1946 of the California Code of Civil Procedure in such cases.
Lavine has many years of experience as a real estate agent and broker in multiple states. Presently, she is working with Irvine Residential Living. Employing her experience in this field, she shares her insight on various aspects of real estate.