Tenant Eviction: Breach of Covenant

Tenant eviction is a tricky legal action. A landlord must make certain that an eviction is handled properly and within legal bounds to avoid being sued for wrongdoing. The procedure for eviction will vary depending on the type of tenancy and the jurisdiction.

Breach of Covenant Leading to Tenant Eviction

A landlord can only evict a tenant for breaching a lease provision that is explicitly in writing and signed by the tenant. Failure to pay rent is cause for eviction. Any restrictions you wish to hold your tenant responsible for should thus be included in a signed rental agreement. If you want to limit your tenant's right  to do things such as have a pet, sublet or other matters, you should make sure to include each of these in a provision within your rental or lease agreement.

Breach of a provision of a lease agreement by either a tenant or landlord is considered a breach of a covenant. A tenant can sometimes be evicted if the breach is not excused for some reason. To commence the eviction process, you must give the breaching tenant notice of the breach and time to cure, usually three days. Notice must specify which lease term has been breached and what the tenant must do in order to rectify the situation.

Breach of a covenant by a landlord can be used as an affirmative defense against eviction. So, make sure you do not give your tenant an excuse for withholding rent if you want to secure a legal eviction.

Other reasons you may be able to evict a tenant, depending on the facts, include:

• Repeated late payment of monthly rents;
• Disruptive behavior such as nuisance;
• An owner wishes to use the space for personal use or for the use of a relative (there are special restrictions on this type of eviction, including time frame); and
• If the unit needs extensive repairs, you may be able to evict the tenant for a period of time.

Getting Legal Help

If you need legal advice on how to evict a tenant or if you need a lawyer to handle your tenant eviction for you, contact an experienced real estate attorney who is versed in landlord and tenant laws in your state. An attorney can help you make sure you handle the situation legally and mitigate potential damages.