Can You Be Evicted For Breaking Lease Terms?
Landlord tenant law provides important protection to tenants. The law ensures you cannot be forced to leave your home without reason or without notice. However, while the law does protect you, it does not provide absolute protection under all circumstances. You can still be asked to leave your apartment if you violate the terms of your lease agreement.
If you are asked to leave because of breaking lease terms, you need to understand what your rights are. Your landlord has to follow a specific protocol for evicting you and can face legal consequences for failure to do so.
You can also try to fight the eviction if you do not believe you have violated the terms of your lease agreement. Whether you have the option to do this, and whether it makes sense for you to pursue this type of case, is going to vary depending upon many different important factors.
Because of the complexities associated with landlord tenant law and because of the high stakes that come with the potential for eviction, it is important for tenants to ensure they have proper legal advice. Landlords also need to be aware of their obligations and should understand what is required of them as well. A Conshohocken, PA landlord tenant law attorney at Curley & Rothman, LLC can help.
When Can You Be Evicted for Breaking Lease Terms?
A tenant may be evicted for failing to pay rent as required by the lease the tenant has entered into. A lease may contain a grace period after which rent is considered to be late. A landlord has to abide by the grace period and rules set forth in the lease for rent collection.
Tenants may also be evicted if they violate other terms of the lease, aside from requirements on rent. A lease is a legally binding contract and tenants are expected to abide by all of the terms in that contract unless the terms are against public policy. For example, while a landlord is permitted to have a no pets clause in a lease and to enforce that clause and evict a tenant for having a pet, a landlord could not evict a tenant for having a service dog when the tenant is handicapped. This is because the law requires a landlord make an exception for service animals.
In general, it does not matter whether the breach of lease terms is a major one or is a minor one. If a tenant agrees to abide by the rules of a residential or a commercial lease and if the tenant fails to follow the contractual requirements, a landlord will typically be able to begin the eviction process. The landlord, however, must have proof that the tenant has failed to follow lease requirements.
What is the Process for Eviction for Breaking Lease Terms
The Human Resource Commission eviction guide provides information on the eviction process. Landlords must carefully follow the rules for evicting tenants and are not allowed to simply kick a tenant out, no matter how egregious the violation of the lease agreement might be.
A landlord has to provide written notice of the eviction, unless there is a clause in the lease in which the tenant has waived this right. The eviction notice has to be posted on the dwelling or personally delivered to the person who is being evicted for violating the lease terms. If there is no other rules set forth within the terms of the lease, the landlord has to provide 30 days notice to evict a tenant for breaching the lease. If the eviction is due to not paying rent, only 10 days are required.
After providing notice, the landlord has to file a complaint with the District Court and the complaint has to be served on the tenant. The complaint specifies when a hearing will be held and it can ask for damages as well as requesting possession of the property. A hearing then takes place in which both the landlord and tenant can present arguments. The court decides whether the landlord is entitled to a judgment for possession of the property, which means the tenant is formally evicted.
How can a Conshohocken, PA Landlord Tenant Law Attorney Help?
Curley & Rothman, LLC attorneys know all of the different landlord tenant law rules which apply to govern evictions. We understand when and why landlords can ask tenants to leave and what the proper process is for an eviction. We help landlords who are facing problems with tenants, as well as tenants who are being treated unfairly under the terms of their lease.
In cases where eviction is being considered due to a violation of the lease terms, our experience makes us invaluable allies. To learn more about the assistance we can offer, give us a call at 610-834-8819 or contact us online today.