Eviction without any notice. Does this statement in the lease do the job?
The law provides that you have the right to evict a tenant for cause. However, if you are doing it with no notice then it can be more difficult. The reason is, as the laws are made in most states the rules for immediate eviction is allowed in the case of tenants doing illegal or dangerous activities - those that cause immediate problems or even danger to the tenants themselves, the property or others around them. These are considered obvious grounds for a quick eviction process. However, while minor violations technically could cause the use of this clause, it is not an open door to run through. For instance, if one clause on the lease says your tenant is to maintain the property and landscaping, and you have found that the grass has not been left uncut too many times, very rarely will a judge grant an eviction without the normal waiting period. So if the tenant is violating laws, doing dangerous activities, is damaging the property, is causing significant problems for neighbors, then you probably are on the right track. If it is because you simply do not like them, or are trying to get them out on a more minor issue, you will have a much more difficult time doing it. Make sure you have proper and ample documentation: photos, copies of police reports, statements from witnesses and neighbors to take to court to convince the judge why you need to have a faster eviction. Good luck.
by rlloydevans - 7 hours ago
beware in every state in us your provision can not override state statute in regard to landlord tenant law as such without knowing your state, a move for eviction for a reason of other than non-payment of rent will require notice to cease then after certain point a notice evict even then the judge may find the infraction within the lease does not rise to the level of material breach therefore eviction fails
by goz1111 - 7 hours ago
It's unnecessary. The law presumes you have the right to evict a tenant who violates the terms of the lease. But it doesn't hurt having it there. What it does NOT do for you is bypass the requirement to proceed with eviction through the courts. That includes all of the notice requirements and specific procedures as established in law. There is no way to bypass that. Nothing in your lease contract can side-step the notice requirements established in law. If the law says you must provide 10 days notice to "Pay or Quit" or "Cure or Quit" then you MUST provide that notice in the manner stipulated in the law and prove that you did.
by Bostonian In MO - 7 hours ago
Here is the problem with your contract. If STATE LAW prohibits what is in the contract, which I guarantee it does, then your entire contract is void and not worth the piece of paper it's written on. There is also something in the law that states if the conctract is so completely one sided, a judge has the right to disregard it. People think that just because they go to a lawyer, and just because it's in the lease, and just because a tenant signs it, that it is enforceable in court...there are laws to protect tenants for a reason. What you have basically stated, is that ONLY YOU have the sole authority to determine if there is a contract breach, and in effect, have TAKEN AWAY any legal rights that the tenant has. If I were you, I would proceed very carefully when you go to court, because the judge will rip you a new one when he reads that clause. PS: If your tenant is 21 days late on the rent, you cannot, by statute, persue an eviction. The minimum will be 30 days. If you are going to be a landlord, get a qualified attorney to write your leases. It is NOT LEGAL by any stretch of the imagination.
by Expert Realtor - 7 hours ago
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