Violate my LEASE.......

[Charlie Moore]

If a tenant violates my LEASE agreement with them, on any level. Can I EVICT THEM, even if they continue to PAY ME

[Kyle J.]

No, you cannot evict for ANY lease violation. It depends on your state laws, the severity of the lease violation, and a variety of other factors. 

I’ll give you two examples:

Example #1 - My lease says where the tenants can park (garage, driveway, street) and where they can’t (grass). So if they park on the grass even one time, it’s technically a lease violation. Do you think I could evict them for that? No. Even if they did it multiple times, in my state, I couldn’t proceed right to eviction. I’d have to serve them with a Perform Covenant or Quit notice and give them the opportunity to correct the violation first because of the minor nature of the violation.

Example #2 - My lease requires the tenants give 30 days notice prior to moving out. What if they gave no notice at all and just moved out and handed me the keys? Clearly that’s a lease violation. However, it wouldn’t even be appropriate to evict because they’re already out and the purpose of eviction is to recover possession and, in this example, I already have possession.

So, as you can see, there’s way too many factors to just give a blanket answer. But the answer certainly isn’t yes to the question the way it was posed.