Series 2: Landlord wants to Resolve Any Eviction Issues related to Other Just Cause
About Evictions
Dealing with eviction issues can be practically and emotionally difficult for many landlords, who may choose to respond in different ways. These letters are based on our organization’s philosophy developed through years of experience. It is important that you are comfortable and confident with the way in which you handle eviction situations. We recommend that you first read this article explaining the thinking behind our approach: A Three Stage Approach to Handling Eviction Issues.
Summary Process: (legal process for eviction)
This section does not substitute for comprehensive legal education, advice and/or representation. If you are pursuing legal procedures in conjunction with these letters you will need to seek legal information and/or advice to ensure that you follow the process correctly. This section does NOT discuss the LAW as it pertains to your eviction case, but can instead help you to become informed about the law and where to go for help or resources.
For Cause or No Fault Evictions?
In addition to nonpayment, landlords may need to address other issues that threaten tenancies such as: noise and nuisance, property damage, unauthorized tenants, denial of landlord access into the unit, obstructing hallways and other issues. (See Series 1 for evictions related to non-payment)
Decision: If a landlord decides s/he wants the tenant to move out, the landlord has to decide whether or not to pursue an eviction for cause or no fault. This decision will determine how the landlord proceeds.
Eviction ‘For Cause’: A ‘for cause’ eviction is when a landlord attempts to legally evict a tenant for a reason that is (allegedly) the tenant’s fault. For example: a tenant is violating a section of the lease which states that no unauthorized individuals may occupy said unit without the landlord’s consent or that a tenant shall not interfere with the peaceful enjoyment of the premises.
Advantages to Pursuing a ‘For Cause’ Eviction:
a) A landlord who succeeds in court on a ‘for cause’ eviction does not generally have to be concerned about a judge extending the time the tenant can remain in the unit before the judge orders that the eviction can occur.
b) Even if a landlord proceeds with a ‘for cause’ eviction case, s/he can add ‘no fault’ grounds onto the ‘for cause’ eviction notice to be able to proceed with an eviction without having to prove cause, if necessary.
Disadvantages to Pursuing a ‘For Cause’ Eviction:
a) The burden of proof is on the landlord to show that the tenant did in fact breach the tenancy. Sometimes this can be difficult to prove without adequate evidence, and trial procedures can be costly in terms of legal fees, possible court delays, etc...
b) A tenant being evicted in this way may be more likely to (1) pursue defenses and counterclaims, (2) seek legal counsel to defend him/herself, (3) delay the process and (4) withhold any payments.
‘No Fault’ Eviction: A no fault eviction case should be used when a landlord wishes to evict a tenant without needing a reason. This does not necessarily mean that the landlord has no reason for deciding to evict – it just means that the landlord does not have to share the reason or prove that the tenant is at fault. Some reasons why a landlord may use a no fault eviction are: wanting the apartment for a family member, making improvements requiring an empty apartment, or the tenant has allegedly violated sections of the lease.
Another example is in cases where a tenant decides not to pay a newly requested rent increase. Provided the tenant continues to pay the current rent, the tenant is not ‘at fault’, although the landlord can proceed on ‘no fault’ eviction grounds for non payment of the new rent.
Many landlords choose to not pursue an eviction for cause (even when there is a “cause”) but instead proceed with a no fault eviction.
a) When there is a lease: to initiate this process, the landlord can proceed with the eviction process only after the lease term expires.
b) When there is no lease: the landlord needs to properly serve a legally correct termination notice of at least 30 days or one rental period, whichever is longer.
If the tenant does not move out at the end of the termination period or after the lease expires, the landlord can proceed in court on no fault grounds.
Advantages: The landlord does not have to prove any cause for the eviction, and the tenant does not have any record of a “for cause” eviction which can be detrimental particularly in cases involving publicly funded housing.
Disadvantages: The judge has much greater latitude over how long the tenant can stay before eviction can occur. In most cases, provided the tenant is meeting his or her tenancy obligations, (paying the rent, etc.) the judge can allow up to 6 months unless the tenant is disabled or elderly (over 62) in which case up to 12 months can be allowed.
Sample Letters
Select a letter that best matches your situation:
Letter–1:
Situation: Use when landlords first want to write up agreements reached with their tenants to address ‘other just cause’ or ‘no fault’ eviction issues. This is usually best done after informal, first agreements with tenant haven’t worked.
Letter-2:
Situation: Once a landlord decides to initiate legal action, either for other just cause or no fault grounds, this letter can be used in conjunction with the legal process to continue pursuing agreements with your tenant and following up on them.
Letter-3:
Situation: This section is for landlords and tenants who are pursuing a legally enforceable agreement which can resolve issues for which an eviction notice has been served. Once completed, this legally enforceable agreement can be used as part of the court process and becomes legally binding once a judge has signed it. At this stage, we highly recommend that you contact MFR or a lawyer.
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