Helping Landlords Address Tenants Who Pose Serious Risks
When landlords select tenants and they sign a lease agreement, landlords naturally hope for successful tenancies. However, even when you properly screen your tenants, they may violate terms of the lease and cause problems.
You may be able to resolve lease violations by simply requesting that the tenants cure the violations to avoid possible eviction—and the tenants may do so and continue leasing the property. In other situations, however, lease violations may be so serious that negotiation and discussion are not valid options and you will need to head directly into the eviction process.
Evicting a tenant who has committed a serious lease violation is a matter that you should always handle with care and in accordance with state and federal laws. At the Landlord Law Firm, we have assisted many landlords in evicting tenants after serious lease violations, so we can provide counsel and guide you through the process. Call our office to discuss your situation if you need to evict these types of tenant.
What Constitutes a Serious Lease Violation?
Serious lease violations vary widely, and may include:
- Illegal drug sales or manufacture
- Domestic disturbances
- Threats or violence toward other tenants
- Any other criminal activity that may threaten the safety or health of other tenants
Criminal activity is—of course—cause for concern, and landlords should discuss their options with experienced landlord attorneys as soon as possible.
In addition, chronic nonpayment of rent can also be considered to be a serious lease violation because it can cause significant financial harm to a landlord. If a tenant has failed to pay rent for a period of time, it may certainly be considered serious enough to consider ending the tenancy. No matter what scenario you face, the Landlord Law Firm is here to assist you.
Protecting Yourself With a Lease Agreement
The first and foremost step that all landlords can take is to protect themselves with thorough lease agreements that specifically state that landlords may terminate leases upon serious tenant violations. Not only do such lease provisions notify tenants that you will not accept such serious violations, they also make clear your right to evict upon these violations.
Having a lease agreement that addresses the right to terminate for serious violations is especially important for housing authorities and owners of public housing. Federal law mandates that a public housing lease agreement must state that the landlord may terminate the lease in the event of drug-related activity in the area, violent criminal activity or crimes that may put others at risk, parole violations, or fugitive status. This preserves the right of the landlord to remove that tenant from the public housing property to ensure the health, safety, and well-being of others in the property.
At the Landlord Law Firm, we regularly assist landlords in drafting thorough leases that clearly address the consequences for serious lease violations to hopefully reduce the chances of such issues or to make the eviction process easier for landlords whose tenants violate leases.
Helping You End the Tenancy
In the case of a serious lease violation, ending the tenancy is often the best solution for a landlord’s peace of mind and business, and for the other tenants. It is important to remember to always handle these situations in a careful manner.
Consider safety first. While not all serious lease violators may be dangerous—such as those who fail to pay rent—others who engage in criminal activity may take serious action once they learn you are evicting them. Let a professional handle the legal process and do not get personally involved with the tenant during this process.
The Landlord Law Firm can assist you with every step of the eviction process in accordance with Connecticut law, including:
- Properly preparing and issuing proper default notices pursuant to the lease or applicable laws.
- Properly preparing the Notice to Quit, which clearly states the reason for eviction and the time in which the tenant has to vacate the premises.
- Having the Notice to Quit properly served by a professional legal process server or State Marshal (which may be wise in the case of criminal activity).
- Properly preparing a Complaint and Summons to be served on the tenant by a State Marshal if the tenant does not comply with the Notice to Quit.
- Helping you obtain a default judgment and an execution for the tenant to be removed by the State Marshal if the tenant fails to respond to the Complaint and Summons in time.
- If the tenant does answer the Complaint and Summons and requests an appearance in court to fight the eviction, representing you at all court appearances and trials, if needed. Once an eviction is secured, you can obtain an execution for the tenant to be removed.
While the summary process of eviction is never pleasant, it can be necessary to end a tenancy plagued by serious lease violations. Furthermore, with the qualified representation of a Connecticut landlord attorney practicing landlord-tenant law, the eviction process is significantly simpler for you. If you would like to read more about lease violations, evictions, or other topics relevant to Connecticut landlord advocacy, please visit our library of informative articles.
Contact an Experienced Connecticut Landlord Attorney as Soon as Possible
Dealing with tenants who cause serious problems can be difficult. At the Landlord Law Firm, we will start at the very beginning to review and improve your business practices to try to prevent problems from arising in the first place. We can advise you about more effective tenant screening processes if needed, and ensure all of your lease agreements are clearly and effectively drafted. Please call our office for assistance at (203) 874-4747 or write to us to discuss our services further.