Anyone w/Recent Eviction Exp?

[Frank A.]

Hey Team,

Looking for anyone that has recent experience pursuing an eviction for repetitive lease violations (noise, disorderly conduct, etc.)? 
I'm trying to get rid of a problem tenant but I'm hearing it's almost impossible for minor lease violations that I've stated above. 

[Ken Dunn]

 I have only evicted for Non Payment of Rent. It is pretty cut and dry, they either paid the rent or they did not. I imagine the only other “slam dunk” evictions would be a drug bust in the property or something similar, or if you have a security camera showing clear proof of violations (like an unauthorized “guest” living in unit and coming and going on a daily basis, damage to property, assault…etc).

You can call witnesses (typically other tenants or neighbors) but they must show up in court as no “hearsay” is admissible. The person giving testimony must have seen/heard the act themselves, in-person. You will likely need to provide a paper trail proving you provided written warnings / cease and desist notices to the tenants for said minor violations.

Even then, you never know for sure if the judge will rule in your favor.

That is why it is always easiest to evict for Non Payment of Rent. Very easy to prove..or for tenant to NOT be able to prove they paid rent. 

Just pay very close attention to the legal steps/requirements to evict in your State, or else the tenant may win on a minor technicality and you have to start all over.

You can always wait for the Lease to expire then give proper notice that you will NOT be renewing the Lease. 

If the tenant stays after this date then they are a “Hold Over Tenant” and can be evicted on those grounds. 

Some Leases allow penalties of up to 3 times the rent (calculated on a daily basis) for Holdover Tenants. Refer to your Lease.

Of course, it is rare to actually collect any $$ on judgements that you win. The real goal of eviction (in my opinion) is to simply get the tenant out so you can gain control of the property and re-rent to a new tenant that will pay rent.

If the eviction goes all the way (where tenant does not vacate, you get a Writ of Possession, the constable shows up and you/your crew remove belongings to the curb) the tenant will have it on their record for 7 years. It will be difficult for them to find a landlord willing to rent to them.

Hope this helps.

Ken