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2 Important Eviction Clauses And Why You Need Them In Your Rental Agreement

If you are a landlord of a rental property, you know how important the lease is for protecting your rights as property owner. Specific sections in the lease are written to protect the condition of the property and your investment. It is important to have these certain clauses so you can evict a non-compliant tenant before they do serious damage to your property. Here are two important eviction clauses you should have in your rental agreement and why they are necessary.

No Smoking Clause

Unless you want to rent your property only to tenants who smoke, you will want to add a no-smoking clause into your rental agreement. This clause in your lease can help protect your property from cigarette smoke damage. It can deter tenants from smoking in your property and if they do smoke, you can potentially evict them to minimize the damage if they don’t stop.

The first step in this type of eviction is to give the tenant a written eviction notice once they have been found smoking in the property. The notice will tell them to correct their lease violation (to stop smoking in the property) or to move out. Depending on which state your property is in, there will be a specific number of days the tenant will have to act on this notice. Then, if they continue to smoke in the property, or you find them smoking at a later date, you can set a court date and start the eviction process. 

Cigarette smoke does a large amount of damage inside a home and is also difficult to completely get rid of its smell. Smoke particles can be smaller than one-thousandth the width of a human hair. This gives them the ability to get into crevices, corners, and every surface of a rental house. 

If your tenant has smoked in your property, you will need to wash all hard surfaces with soap and water once they move out. This includes all walls, baseboards, vents, cupboards, inside and out of drawers, windows, and even inside closets. Cigarette smoke can travel into every room in a home through the ventilation system even if your tenant didn’t smoke in them. 

Once you have cleaned every surface, you will need to tear out the carpet and wash down the floors to remove all the smoke smells. Then, replace the light bulbs and soak and wash the window blinds to remove the nicotine residue which has built up. Once you have cleaned the property, then you can repaint and replace the carpet and flooring.

Pet Clause

By allowing your renters to have pets in your property, you will increase the number of people who want to rent your property. But, you also open up your property to the potential to have damages exceeding the pet and security deposits on the home. Pets can potentially stain the carpet and flooring beneath it, chew up walls and cupboards, and leave stains on the walls. They can also tear out your window screens and chew up window blinds and vinyl flooring. 

Nick Koon, a landlord guru said “No pet ever improved a rental property.” But, there are responsible pet owners out there that clean up after their pets and take great care of the rental home they are living in. Unfortunately, as a landlord it is hard to determine if a potential renter with a pet is one of those responsible pet owners or not. 

If you choose to allow pets with limitations on the type or size of pets you allow, you can list this in a pet addendum with your lease agreement. Then, if your tenant is caught with an unauthorized pet in the home, you can give them an eviction notice with the option to correct their violation.

Don’t let bad renters who damage your property continue to live in your property because you don’t want to deal with an eviction. There are eviction services and attorneys that can handle the entire eviction process for you. 

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