Rights and duties behind an eviction

September 10, 2020
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Donny Raw
Posted in Business
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Behind a lease agreement, there is a set of rights and responsibilities that has to be respected and followed by both parties. The party that owns the property is called a landlord and the party that rents the place monthly is called the tenant. Many people start a rental relationship without knowing exactly what their rights and duties are.

The Rights of the Landlord

The main right of the landlord is to obtain a monetary benefit from the rent of his or her property, basically to collect the rent that was agreed on. There is also the right of raising the rent according to the terms established in the agreement. Finally, there is also the right to evict.

The rights of the tenant

The most important right for a tenant is to be given a habitable place. This means that the house or room has to be safe and ready to live in. The landlord should make all repairs necessary to offer the tenant a safe place. There is also the possibility of having specific rights about money issues such as the safety deposit. If you need to review any type of information about this matter, you may see the Express Evictions law firm site of California. Express Evictions charges reasonable fees to get problem tenants evicted. There are various types of notices all tenants and landlords should know about.

The responsibilities of a landlord

The rights of the tenant are directly related to the responsibilities of the landlord. And offering a safe place to live is the most important of them.

The landlord is also responsible for making repairs and paying services that are associated with the house. He also has a duty to inform the tenant if he has to enter the property. This has to be avoided most of the time, and it is only acceptable to the tenant’s permission. This responsibility is so that the rights of the tenant and his privacy is respected.

What are the just causes for a landlord to give notice of eviction?

The most common reason for eviction is non-payment of rent. This seems pretty obvious, but it remains as one of the most common reasons for eviction. To avoid this, it is very important to be sure that, as a tenant, you have the rent covered in your budget. And as landlords, it is essential to check the economic references and papers of the tenant before signing the lease agreement.
Violation of obligations under the lease. This is usually related to paying the rent late multiple times. Any other terms and conditions must be established at the beginning of the rental relationship. It must be written and explicit in the lease agreement.
Disturbing other people. The landlord can ask the tenant to quit the property if there is some problem or nuisance that is affecting others. These people can be other tenants or neighbors.
The landlord needs the place to live. In some cases, the unit or facility is no longer going to be available. Maybe the landlord has to go back and live there, or it could be necessary for some relative to move in.
Major repairs are going to be done. If the landlord wants to make some capital improvements and the place needs to be emptied, he or she can use a notice to let the tenant know about this.
The facilities are being used for illegal purposes. This is a major cause for eviction. Evidence will be needed, but once the case is presented, there are few options left for the tenant.

It is very important to remember that these laws and guidelines can change from one state to the other. The best thing to do would be to find a professional and experienced lawyer to represent the landlord, or tenant, in these cases. This also implies that eviction processes are legal actions, cannot be done individually or just verbally in person. A landlord cannot just tell a tenant to move out. It is a very serious matter and should be dealt with with the help of intermediaries. Any action done out of the ordinary can damage the reputation and credibility of the parties involved. And remember, never, ever, evict a tenant yourself.