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4 Legal Grounds for Residential Eviction

Posted on August 02, 2023 in Real Estate

Comal County Landlord LawyerMost residential landlords hope to avoid a situation in which they must legally evict a tenant. If you own a residential property you rent out, you likely use a variety of screening tools to help you avoid renting to someone you might have to evict. You likely ran a check of any prospective tenant’s finances to verify that they would be able to pay the monthly rent. You probably also ran a criminal background check to help reduce the likelihood of getting a tenant who would use your property for illegal purposes. You may have even contacted an applicant’s previous landlords to see whether they have a history of violating residential leases. However, circumstances can always change. Even if you are very careful about screening your tenants, a number of issues can appear well after the lease is signed. If you are beginning to believe that you may need to evict a tenant to protect yourself or your property, it is best to involve an attorney from the outset of the eviction process. 

Common Reasons Residential Tenants Can be Evicted

Although most residential landlord/tenant law is designed in favor of protecting the tenants, landlords have protections as well. Common reasons a landlord may be able to evict a tenant include:

  • Nonpayment of rent - Nonpayment of rent is likely the most common reasons that tenants are evicted. Many things can happen in the lives of renters that prevent them from continuing to pay rent each month. While it may not always be the tenant’s fault they are no longer able to pay rent, it cannot be the landlord’s duty to continue allowing them to live there once the tenant is in arrears. 

  • Destruction of property - Renters do not always take care of the property as well as the landlord would like. However, if the tenant’s activities or negligence is causing serious damage to the property, evicting them may be the only way to prevent further damage. 

  • Illegal use - If a tenant has begun using your property to carry out illegal activity, such as selling illicit drugs, you may have grounds to evict them. 

  • Unauthorized occupants - Tenants will sometimes accept a new roommate or move a significant other into the house without consulting the landlord. In some cases, this may give rise to a cause of action for an eviction. 

There are many other types of conduct that may open a tenant up to eviction. If there is a substantial breach of your lease agreement, you may have the right to evict them. 

Contact a San Antonio Rental Real Estate Lawyer 

Geoff Mayfield, Attorney at Law is committed to helping landlords assert their rights when faced with a difficult tenant. As an experienced San Antonio rental real estate attorney, Attorney Mayfield will do all he can to help you regain control of your property. For a complimentary consultation, please contact us at 210-535-0870



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