Can I Evict a Tenant for Being Messy?

 Posted on December 27, 2024 in Real Estate

When you rent out a housing unit to someone else, you should be able to reasonably expect that your tenant will take care of your property while he is living there. Landlords frequently include language in the lease explicitly stating that the tenant has a duty to keep the unit reasonably clean. If you enter for an inspection and find that your tenant is extremely messy, to the point where his unit is something of a health and safety hazard, you may have grounds to start the eviction process. However, a landlord also cannot police a tenant’s housekeeping habits if the tenant is not violating the terms of the lease or creating a hazard for others. If you are considering evicting a tenant for lease violations due to the tenant’s failure to maintain the property, you need an experienced Comal County, TX landlord representation attorney.

Failure to Maintain the Property as a Lease Violation 

Most residential leases include a clause stating that the tenant must keep the property clean and sanitary. If a tenant fails to do so, the landlord may have cause to evict him. However, courts can be particular about what they consider to be not reasonably clean. Having general clutter around or letting the vacuuming go for a few weeks would probably not be bad enough to be considered a lease violation. If the situation is borderline, you can try having an attorney send your tenant a notice to cure before re-inspecting to make sure your tenant has restored the unit to a sanitary condition.

You may also be able to evict a tenant if his failure to clean is causing damage to your unit. For example, if the wood floor has been destroyed because your tenant does not clean up spills, you might have grounds for eviction due to property damage.

Evicting for Health and Safety Issues or Disruption to Other Tenants

If your tenant’s messiness is so bad that it is creating problems for other tenants, you will likely have grounds to evict. You might be able to evict your tenant if his degree of messiness has caused problems such as: 

• Attracting pests - One unsanitary apartment can cause pest issues for the entire building. If your tenant’s mess is so bad that it attracts rats, fruit flies, cockroaches, or other pests into the building, you may be able to evict your tenant quickly. 
• Creating mold - If your tenant’s failure to clean is causing mold to form, it could quickly begin to affect the entire building and everyone who lives in it. Mold spores can enter the air vents and cause illness or allergic reactions in others who live there. 
• Causing a noxious odor - If your tenant’s unit has gotten so bad that a noxious odor is detectable in the hallway or other parts of the building, you may have grounds to start the eviction process. Unsanitary odors may be caused by food waste that is not properly disposed of, the accumulation of garbage, or animal waste. 

Contact a Comal County, TX Landlord Evictions Attorney 

Geoff Mayfield, Attorney at Law is committed to helping landlords ensure that their properties are maintained in a clean and sanitary fashion. An experienced San Antonio, TX landlord representation attorney will do all he can to help you remove a tenant whose unsanitary habits are creating problems for you and for other tenants. Contact us at 210-535-0870 for a complimentary consultation.