Renting to high-risk tenants can present both opportunities and challenges for landlords. While high-risk tenants may need a second chance to prove reliability, they may also pose a greater risk of lease violations, property damage, or non-payment. For this reason, understanding eviction rights is essential for landlords seeking to protect their investments while staying within legal boundaries.

In this guide, we’ll explore landlords’ eviction rights when dealing with high-risk tenants, the legal grounds for eviction, and strategies for managing risks effectively.

Understanding High-Risk Tenants and Eviction Rights

High-risk tenants typically refer to individuals with past rental issues, lower credit scores, criminal records, or histories of eviction. While renting to high-risk tenants can offer them a chance to rebuild, landlords should know their rights if eviction becomes necessary. Knowing your rights upfront allows you to address potential problems swiftly and within legal limits.

Eviction rights for landlords vary by state and local jurisdiction, so it’s essential to check local laws. However, some common eviction grounds and processes apply in most locations.

Legal Grounds for Eviction

Eviction is a legal process that allows landlords to remove tenants who breach lease terms or fail to meet rental obligations. When renting to high-risk tenants, landlords should know the legal grounds for eviction to enforce their rights effectively and fairly.

Non-Payment of Rent

Non-payment is one of the most straightforward reasons for eviction. When tenants fail to pay rent by the due date, landlords can issue a notice to pay or vacate the premises.

• Notice to Pay or Quit: This notice informs the tenant that they must pay overdue rent within a specified period (often three to five days) or face eviction. Failure to comply can lead to legal action for eviction.
• High-Risk Considerations: Since high-risk tenants may have lower financial stability, landlords should clearly outline payment policies, due dates, and penalties for late payment in the lease agreement.

1. Lease Violations

Lease violations, such as unauthorized occupants, pet policy breaches, or illegal activities, are grounds for eviction. When a tenant breaks lease rules, landlords can issue a notice to cure (fix) the violation or leave the property.

• Notice to Cure or Quit: This notice allows the tenant a certain number of days to address the violation. If the tenant fails to comply, the landlord can proceed with eviction.
• Documenting Violations: If necessary, it reports lease violations with written evidence, photos, or witness statements to support the eviction case in court.

2. Property Damage

Excessive damage to the property beyond normal wear and tear is another valid reason for eviction. High-risk tenants may present a higher likelihood of property damage, so landlords should be vigilant in inspecting the premises.

• Documenting Damage: Photographic evidence and repair estimates can help support an eviction case based on property damage.
• Prevention Tips: Conducting regular property inspections and setting clear rules about property care in the lease can help reduce the risk of damage.

3. Illegal Activities

Engaging in illegal activities, such as drug-related crimes or violence on the property, is grounds for immediate eviction. This reason is taken seriously by courts and often leads to faster approval for eviction proceedings.

• Immediate Eviction Process: Many jurisdictions allow quicker evictions if illegal activity is proven. In cases of suspected illegal behavior, landlords should document evidence carefully and contact local law enforcement if necessary.
• High-Risk Tenant Screening: Conducting background checks during the tenant screening process can help identify potential risks of illegal activities.

4. End of Lease Term (Non-Renewal)

Landlords have the right to evict tenants at the end of the lease term by choosing not to renew the lease. This is helpful if a landlord feels a high-risk tenant has presented challenges during their tenancy.

• Notice of Non-Renewal: Landlords must inform the tenant that they will not be renewing the lease by providing written notice before the lease expires, typically 30-60 days in advance.
• Lease Agreement Clarity: To prevent misunderstandings, the lease should clearly outline the duration and terms for renewal or non-renewal.

Types of Notices Required for Eviction

Landlords must follow proper procedures to legally evict a high-risk tenant, including serving the correct type of notice. Failure to follow legal protocols can delay eviction or even case dismissals.

1. Pay or Quit Notice

This notice applies in non-payment of rent, giving the tenant a period to pay overdue rent or vacate the property.

2. Cure or Quit Notice

The Cure or Quit notice is issued when a tenant violates the lease terms, such as having unauthorized pets, breaking noise ordinances, or causing property damage. It allows the tenant time to fix the problem or face eviction.

3. Unconditional Quit Notice

In some cases, especially when dealing with severe lease violations or illegal activity, landlords may issue an Unconditional Quit Notice. This notice does not give the tenant an option to remedy the issue. It requires the tenant to vacate the property immediately or face eviction proceedings.

Each notice has specific requirements regarding notice periods, delivery methods, and legal wording. Consulting local laws or working with an attorney can help landlords draft compliant notices.

The Eviction Process: Step-by-Step Guide

The eviction process can be lengthy and varies by jurisdiction, but landlords should follow the general steps to ensure a legal and successful eviction.

Step 1: Serve Notice

Issue the appropriate notice to the tenant, specifying the grounds for eviction, required actions, and deadline to comply. Make sure the notice aligns with local laws regarding format and delivery.

Step 2: File an Eviction Lawsuit

If the tenant fails to respond to the notice, the landlord can file an eviction lawsuit (often called an “unlawful detainer” action) with the local court. A filing fee is typically required, and the court will set a hearing date.

Step 3: Attend the Court Hearing

Both landlord and tenant can present their case in court. Landlords should bring all necessary documentation, such as lease agreements, payment records, and evidence of lease violations, to support their claim.

Step 4: Obtain a Court Order for Eviction

If the court rules in favor of the landlord, it will issue an eviction order. This order grants the landlord the legal right to remove the tenant from the property.

Step 5: Enforce the Eviction Order

Local law enforcement will usually assist in enforcing the eviction order if the tenant does not leave voluntarily. It’s important for landlords not to attempt a “self-help” eviction (e.g., changing locks or shutting off utilities) as this is illegal.

Strategies for Minimizing Risks with High-Risk Tenants

Landlords can take proactive steps to reduce the likelihood of eviction by implementing strategies to screen and manage high-risk tenants effectively.

Conduct Thorough Tenant Screenings

Tenant screening is essential for identifying potential red flags, such as poor credit history, past evictions, or criminal records. Landlords can verify employment and income to ensure the tenant meets rental obligations.

Collect a Larger Security Deposit

Collecting a larger security deposit can help offset potential damage or unpaid rent. However, landlords should check state laws to comply with deposit limits.

Draft Clear Lease Agreements

A well-drafted lease agreement that outlines payment terms, rules for property use, and consequences for lease violations is essential. High-risk tenants should fully understand the laws to avoid misunderstandings.

Schedule Regular Property Inspections

Regular property inspections allow landlords to monitor the property’s condition and identify lease violations early. Providing proper notice, landlords can conduct inspections and document the property’s status.

Communicate Effectively

Clear and respectful communication can prevent issues from escalating. Open communication channels encourage tenants to report problems and address issues before they become serious.

Conclusion: Eviction Rights and Best Practices for Landlords

Eviction rights provide landlords with essential protections when renting to high-risk tenants, but they come with responsibilities to follow proper legal processes. Knowing the grounds for eviction, issuing the correct notices, and understanding the eviction process can empower landlords to protect their investments and minimize risks.

For landlords renting to high-risk tenants, taking proactive steps like thorough screenings, clear lease agreements, and regular inspections can help reduce the likelihood of eviction. By staying informed of legal requirements and consulting with professionals as needed, landlords can maintain a secure rental environment while offering high-risk tenants a fair opportunity.