How can I evict a tenant for breach of their lease?

UPDATED: Aug 10, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Aug 10, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How can I evict a tenant for breach of their lease?

We drewup our own contract; my tenant was to have paid insurance and taxes. However she has been late on insurance which I had to cover. She is never on time with rent (my fault I gave her a 60 day grace period). She hired a heat and air contractor because lightening hit the old one. Insurance paid part but she would not finish paying him. He is putting a lien on property. This will hurt us and go on our credit. I have been told to pay him his $1,200 to keep lien off of house.What should I do?

Asked on August 10, 2011 Arkansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Tenants may be evicted for breaching the provisions of her lease; if she is paying her rent late AS PER the lease, you may evict her for that, you will have to provide her notice first (probably a 30-day notice; check with your landlord tenant court for the rules) and an opportunity to "cure" the problem by ceasing to pay late. Unfortunately, if she is paying within the grace period you provided her in the lease, she has done nothing wrong and cannot be evicted for that. The fact that she has caused a lien to be put on your property may give you grounds to evict her, but that's not 100% clear--it may only provide grounds for you to sue her for the money, since if it's not actually a violation of her lease, it may not give you grounds to evict.

You should retain an attorney to help you. The attorney can review the lease, to see what grounds for eviction you do have; can sue the tenant, if appropriate, for any amounts she owes; and may be able to get the lien lifted, since the property owner did not authorize the work--it may be that if the tenant was the one who hired the contractor, the contractor's only recourse is against the tenant.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption