Terminating a Lease for Cause: 4 Steps Landlords Must Take

As a landlord and property owner, you take pride in keeping your rental units in good repair. You also carefully screen your tenants’ credit and rental history and follow all housing rules under the Fair Housing Act. But even the most responsible property owner may face situations where they need to terminate a problematic tenant’s lease.

Evicting a tenant is a delicate process that requires careful consideration. This article shares four steps landlords can take to confirm whether they can legally break a tenant’s lease for cause.

An eviction gone wrong can expose you to financial risk and legal liability. It can also harm your business’ reputation. An attorney can review your tenant situation and advise on the best path forward. Find local legal help.

1. Make Sure You Have Cause to Terminate the Tenant’s Lease

Renting your real estate may be a 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:

• The tenant doesn’t pay monthly rent and has no good reason for withholding it (such as a warranty of habitability claim).
• The tenant violates a material provision in the rental agreement, such as subleasing the rental property to a new tenant without getting your permission.
• The tenant violates some duty imposed by tenancy laws. In general, the tenant must not destroy the apartment. They must refrain from performing any illegal activities. They must not interfere with other tenants’ quiet enjoyment of the premises.

The rental agreement may specifically outline scenarios for terminating the lease. A termination clause may address 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 convert to a month-to-month lease.

2. Rule Out Illegal Excuses to Evict

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 also may not send eviction notices to tenants who make too many repair requests.

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 to move back into the property or remodel it, you must wait until the lease term ends. You can’t break a one-year lease six months into the term just because you own the property.

On the other hand, you may be able to terminate a month-to-month lease with proper advance notice and good cause.

In general, the eviction process or early terminations will not apply when:

• A renter exercises their tenants’ rights under the law.
• A tenant exercises their rights under the lease agreement.
• The tenant needs special exceptions afforded to seniors, disabled individuals, and those engaged in military service.

Some states may also prohibit eviction when a landlord has unclean hands. For example, consider a landlord who retaliates against a nonpaying tenant by turning off water and electricity. Here, the landlord is deliberately making the dwelling unit uninhabitable. A purposeful attempt to make the rental property unlivable violates the law.

3. Give the Tenant a Chance to Resolve the Situation

It’s usually in everyone’s best interest to resolve a conflict amicably. It will save you mental and emotional stress, and time. Most importantly, resolving the situation in a friendly manner can save everyone money. It can also help you avoid legal issues resulting from an unlawful eviction.

A lease termination letter from your property manager might be too vague and cold to work. Sometimes, all it takes is a mature personal conversation with your tenant.

Issuing Your Tenant a Warning

Most state laws require property owners to notify tenants that they might get evicted if their behavior doesn’t change. These written notices are called “Cure or Quit” or “Pay Rent or Quit.” They give the tenant a chance to fix the problem. If the tenant doesn’t cure within a certain time frame, the landlord can begin eviction proceedings.

The other type of notice a landlord can give is called a “Vacate or Quit” notice. This notice simply warns the tenant that the landlord will begin eviction proceedings if the tenant doesn’t move out on their own.

Some states have requirements regarding the format or delivery method of these notices. For example, some states might require the notice to be affixed to the tenant’s door. Others may require that the notice be sent by certified mail.

Check your state’s laws to ensure you’re giving proper notice. Some states offer templates for 30-day notices to allow a landlord to terminate a month-to-month tenancy. Notice periods and ways to serve a notice of termination vary, so make sure you have the right paperwork. A landlord-tenant attorney familiar with your state’s laws can help.

4. Begin Eviction Proceedings

Assuming the tenant doesn’t leave or cure the situation, the landlord can begin eviction proceedings. Most state courts have a simplified eviction process so landlords and tenants can handle it themselves. The landlord files a petition in court and attaches copies of the lease and any evidence against the tenant.

If the court rules for the landlord, the tenant will then have some time to leave on their own before the landlord can get local law enforcement to remove the tenant. Under no circumstances should the landlord remove the tenant by themselves. All such procedures must go through the court and local authorities.

You may be legally required to return some or all of your tenant’s security deposit after evicting them. This depends on whether you were allowed to make deductions for damage or unpaid rent related to the rental property. Most states require you to return the unused portion of the deposit within a set period.

A Lawyer Can Help You Evict a Problematic Tenant

If your tenant isn’t taking the situation seriously, consider contacting a legal expert. You might want to have a lawyer send them a warning letter. If you need to escalate the situation further legally, consider hiring a landlord-tenant attorney. They can properly file the court papers required to complete the eviction appropriately.

FindLaw’s directory of landlord-tenant lawyers can connect you with qualified legal help near you. Because state law is relevant, your attorney should be licensed in the state where the property is. Enter your city or ZIP code for a list of legal professionals in your area. Your search results will also show key details about prospective attorneys, such as ratings, areas of practice, and whether they offer free consultations.