Involuntary Landlords are as a rule a little bit impatient when it comes to tenant shenanigans. Unauthorized pet? Time to evict. Late rent? Eviction. Bounced Check? Call the Sheriff. Grass getting high? Eviction Notice on the way! How many legal reasons are there for eviction anyway?
How Can I Evict Thee, Let Me Count the Ways
In reality, there are TWO reasons for eviction. Surprised? No need to be. Once you read this article you will be in full agreement with my answer. Stop rolling your eyes!
The first reason is almost indefensable. When you go to court for non-payment of rent, you have a pretty strong case. If the tenant appears in court and cries poverty, job loss, death in the family, sick child, dog ate the money, and so on and so on... The judge will rule in your favor. The tenant is obligated to pay the rent.
Of course every rule has its exceptions, but in nearly all cases, failure to pay rent as required will result in a judgment fo rthe plaintiff.
So what's the second reason? Eviction for wrongful possession. In other words the tenant has no legal right to be in the house because their lease has expired or has been legally terminated. That's the proper procedure for all of the other problems.
When you find out your tenant, who has signed a lease clearly stating that no pets will be authorized decides to take in a couple of canine room mates, you should not proceed directly to court. Make a pit stop at the post office and send him notice that he is in default of the lease. Give him time to cure the default and if he doesn't, send him a letter informing him that you are terminating the lease due to his default and demand that he return possession of the property to you immediately. Then proceed to the courthouse and file for eviction.
Whether you should demand possession for an unauthorized pet in the current rental market is a business decision you will have to tackle on your own. Our position is to always consider the cost of your actions prior to taking them, but that's the subject of a different article.
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