Ask Landlord Hank: Can I Evict Tenants Due To Damage To The Home?

Ask Landlord Hank: Can I Evict Tenants Due To Damage To The Home?

This week the question for Ask Landlord Hank comes from a landlord asking whether he can evict tenants who have damaged his rental. Remember Hank is not an attorney and is not giving legal advice.

Dear Landlord Hank,

Tenants of 10 years have done substantial damage to the home, not normal wear and tear, but that could be subjective upon the beliefs of a judge.

The home needs a complete renovation that cannot be completed with tenants living in the home. Can they be evicted because the home has become unsafe to continue to inhabit? Without being responsible to pay their rent or moving costs for them to move out?

Yvonne

Dear Landlady Yvonne,

We now have a federal moratorium on evictions until the end of the year, and the interpretation of the order varies from one jurisdiction to another and from one judge to another.

If these tenants are paying rent and are satisfied to stay in their rental for now, I would not rock the boat.

You can always renovate when their lease is up.

When the eviction moratorium has ended, the courts will likely be packed – meaning the time it normally takes to evict a tenant will be substantially increased, and it could take months.

If you feel that you can’t wait and want to move forward now, I would engage an attorney that specializes in landlord/tenant law, as they will be up to date on the situation in your county. Good luck.

Sincerely,

 Hank Rossi

Ask Landlord Hank: Can I Evict Tenants Due To Damage To The Home?
On the question of whether to evict tenants due to damage Hank says, “If these tenants are paying rent and are satisfied to stay in their rental for now, I would not rock the boat.”

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Hank Rossi
I started in real estate as a child watching my father take care of our family rentals- maintenance, tenant relations, etc , in small town Ohio. As I grew, I was occasionally Dad’s assistant. In the mid-90s I decided to get into the rental business on my own, as a sideline. In 2001, I retired from my profession and only managed my own investments, for the next 10 years. Six years ago, my sister, working as a rental agent/property manager in Sarasota, Florida convinced me to try the Florida lifestyle. I gave it a try and never looked back. A few years ago we started our own real estate brokerage. We focus on property management and leasing. I continue to manage my real estate portfolio here in Florida and Atlanta.