Destruction of Premise, How to evict?

Question

Carpet is damaged, couches were destroyed, and all other tenants are complaining of fleas. In the lease agreement 
we have, there is a section for "Destruction of Premise". How can I proceed with the eviction on these grounds? Do I have to request this maltreatment of the property to quit first before noticing to evict?

I am fully aware this is not a legal advice forum, but just looking to hear what other landlords have done in this situation.

Jonathan Bock · Answer

Breach of contract get the termination started...

Nathan Gesner · Answer

Written warning with a deadline for them to remedy the problem and pass an inspection within XX days. Be very specific about what needs to be done. If they are unwilling, terminate their lease. If they attempt to fix the problems but fail your inspection, give them notice of termination and 30 days to be out.

Kevin Sobilo · Answer

@Alex Castillo, here is what I would likely do:

1. Talk to them. Explain the damage and flea issue and that they are responsible for it.

2. Assuming you as the landlord are responsible for pest control, get the flea issue treated.

3. Bill the tenant for the damage and flea treatment.

4. If they do not pay, evict for nonpayment. Under my lease anything billed to them is "payable as rent". Some lease say it differently something like "payable before rent". Either way, if they don't pay for this damage with their next rent payment then they are delinquent on rent. Eviction for nonpayment of rent.

Tenant's can damage property, but unless its intentional and you can prove it, its not really something to evict for as long as they pay for it. Otherwise, anytime someone puts a small hole in a wall a landlord could use that as an excuse to oust them. So, I would simply make it about paying what they owe.

Destruction of Premise, How to evict?

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