Eviction for Background Checks After a Year of Tenancy
Eviction processes, particularly those based on background checks, can be complex and heavily influenced by local laws and lease agreements. Understanding the legal framework and potential outcomes can help both landlords and tenants navigate such situations.
Legal Grounds for Eviction
While a tenancy agreement typically lasts for a set period (often a year), various legal and moral grounds can justify an eviction. One such ground is a late-discovered background check issue, such as a prior criminal record, which may prompt a landlord to terminate a lease.
State Laws and Tenant Rights
The specifics of eviction for background check discrepancies vary by state. However, in general, lying on the rental application can be a valid reason for eviction, even after a year of tenancy. If the landlord discovers that the tenant provided false information during the application process, they may legally end the tenancy.
Background Checks and Lease Renewal
Many landlords conduct background checks during the lease renewal process. If any new issues arise during this time, they may choose not to renew the lease, leading to eviction if the tenant does not voluntarily leave. While not all landlords will pursue eviction in such cases, the act of renewing the lease is an implicit trust that the tenant can be trustworthy for another year.
Minor Infractions and Minor Disruptions
Provided the tenant has been timely in payment and has kept a low profile, landlords may be less likely to evict them. However, minor infractions or behavior issues can still be grounds for eviction. Even a pain-in-the-neck tenant could potentially be terminated if their behavior becomes intolerable or if lease terms were breached.
Discovery of Unrelated Issues
It's worth noting that even if an unrelated negative incident is discovered (such as a neighbour's unsavoury past), the tenant may still be evicted if they lied on their application. The key here is the landlord's ability to prove the tenant's falsehood and the subsequent impact on the tenancy agreement.
Seasoned Landlords and Due Diligence
Seasoned landlords often conduct thorough background checks and gather references. While some initial references may be positive, landlords who take due diligence seriously often call back later to confirm the tenant's suitability. If negative references are later provided, the landlord can action an eviction if the lease is not renewed.
Non-Renewal vs. Immediate Eviction
Renewing a lease is often seen as a form of acceptance. Therefore, a landlord can refuse to renew a lease if satisfied that their initial due diligence revealed a tenant who is not suitable. Once the lease is not renewed, the landlord can proceed with an eviction process if the tenant does not vacate the premises.
Conclusion: Leverage of Tenancy Agreements
In summary, while a landlord must provide a valid legal reason for eviction, tropical issues such as background checks can be a sufficient ground, especially if the tenant violated the terms of their lease. Understanding the specific lease agreement, state laws, and the potential grounds for eviction can empower both parties to make informed decisions.
If facing such a situation, it's advisable to consult legal advice to navigate the complexities of tenant and landlord rights.