Eviction Law: Waste or Nuisance Clause

Landlord-Tenant law applies to residential leasing arrangements. Tenants and landlords both have specific duties and liabilities under that relationship. Statutes, the common law, and the lease prescribe each party's duties. State laws typically regulate the specific provisions that may be in a lease. If property is going to be leased for more than 1 year, most state Statutes of Frauds requires the lease to be in writing. Oftentimes, these leases include waste or nuisance clauses.

Waste and Nuisance Clauses

Tenants have a duty not to commit waste. Waste affects an important and substantial part of the rented property and changes its characteristic appearance, its fundamental purpose, or its use. Even if the waste changes the property in a positive way, the tenant still has committed waste because the tenant did not maintain according to the lease. This duty not to commit waste may require tenants to make minor repairs on the leased property.

In addition to waste, leases often include nuisance clauses. A nuisance clause requires a tenant to not do anything that may cause a nuisance to the landlord or neighbors. Nuisance includes any action that would increase or invalidate insurance on the property.

Eviction Process

A tenant can only be evicted after the landlord first wins an eviction lawsuit. State laws regarding eviction vary greatly. There are some general rules that apply to many states, but before initiating or defending an eviction proceeding, consult an attorney.

The basic eviction process usually begins with notice. Depending on state law, if the lease is terminated for cause, the landlord often is required to give the tenant notice before filing suit. The tenant may have a short period of time to fix the error. Some jurisdictions permit eviction proceedings without cause if the lease is expiring or there is no tenancy. If the tenant remains on the rented property after receiving notice, the landlord can then institute formal legal eviction proceedings. After the eviction proceeding, when the eviction was not the result of nonpayment of rent, the tenant may have a specified amount of time before the tenant is required to move out after the court proceeding.

When to Speak to an Attorney

If you are facing eviction or need to institute eviction proceedings, it is important to contact a qualified attorney as soon as possible to ensure that the important steps and requirements are fulfilled. A skilled attorney can help you navigate the legal procedures and ensure all your rights are protected.