{"id":369212,"date":"2016-04-04T10:47:16","date_gmt":"2016-04-04T15:47:16","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/realestate\/landlord-tenant-law\/how-does-the-landlord-terminate-the-lease-for-cause.html"},"modified":"2024-03-06T12:43:42","modified_gmt":"2024-03-06T17:43:42","slug":"how-does-the-landlord-terminate-the-lease-for-cause","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/realestate\/landlord-tenant-law\/how-does-the-landlord-terminate-the-lease-for-cause.html","title":{"rendered":"How Does the Landlord Terminate the Lease for Cause?"},"content":{"rendered":"\n
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How Does the Landlord Terminate the Lease for Cause?<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Robert Rafii, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

You’re a responsible landlord and have scrupulously kept your rental units in good repair<\/a>. You’ve also carefully screened your tenants’ credit<\/a> and rental histories. You selected your tenants based on economic factors and not any of the factors prohibited under the Fair Housing Act<\/a>. Despite all your careful work, you’ve got a tenant that you want to evict. But how do you even begin? This article addresses frequently asked questions (FAQ) on terminating and vacating rental occupancy.<\/p>\r\n

Step 1. Make Sure You Have Cause To Terminate the Tenant’s Lease<\/h2>\r\n

Renting your real estate may be business to you, but it’s your tenant’s home. You can’t evict them for just any reason. Although landlord-tenant law varies by state, there are generally three reasons for which a landlord may terminate a lease:<\/p>\r\n

The tenant doesn’t pay monthly rent and doesn’t have any good reason for withholding rent (such as a warranty of habitability<\/a> claim).<\/p>\r\n

The tenant violates a material provision<\/a> in the rental agreement, such as subleasing the rental property to a new tenant without getting your permission. See our article explaining the difference between a sublease and a sublet<\/a> in the context of new leases.<\/p>\r\n

The tenant violates some duty imposed by tenancy laws. In general, the tenant has a responsibility not to destroy the apartment. They must refrain from performing any illegal activities. They must not interfere with other tenants’ quiet enjoyment of the premises.<\/p>\r\n

The rental agreement might specifically lay out scenarios for termination of the lease. There might be a termination clause relating to misuse of the property. The term of the lease also ends after a period of time, culminating in a natural termination date. When a set amount of time (fixed term) in an original lease is complete, the rental may turn into a month-to-month lease<\/a>.<\/p>\r\n

Step 2. Rule Out Poor Excuses To Evict<\/h2>\r\n

If you have personal problems with your tenants, you may need to put them aside. If you’re annoyed because your renter is disrespectful or messy, you can’t use that as an excuse to evict them. You may also not send out eviction notices to tenants who make too many repair requests.<\/p>\r\n

Keep in mind that, for as long as the term of the lease is in effect, you can’t break it if your tenant has done nothing wrong. For example, if you intend on moving back to the property or remodeling it, you must wait until the term of the lease is over. You can’t break a one-year lease six months into the term just because you own the property. On the other hand, lease termination of a month-to-month lease<\/a> may be possible with advance proper notice and good cause.<\/p>\r\n

In general, the eviction process or early terminations will not apply when:<\/p>\r\n