Preparing for a Conduct-Based Eviction
In Parts 1 and 2, we covered what “for cause” means, which properties are subject to just cause requirements, and when those protections apply to your tenants. Now, we’re taking a closer look at what happens on your end when a conduct issue comes up, and you’re considering next steps.
Do Not Neglect Preparation
Conduct-based evictions require more documentation and planning than nonpayment cases. The burden of proof falls on the landlord. You have to be able to:
- Prove the violations occurred
- Provide credible evidence
- Demonstrate that proper procedures were followed.
This is sometimes trickier than people expect.
The quality of what you provide to our office directly impacts the strength of the case and how efficiently it moves forward. What follows is practical guidance on how to set that up.
What Information Should You Gather?
When a conduct issue is developing, start building the file early. Here’s what to collect:
- Incident reports
- Written complaints from other residents
- Photographs
- Correspondence with the tenant (this can be especially valuable when tenants make admissions in writing)
- The specific lease provisions you believe were violated
- Dates and times of incidents
- Any prior warnings or notices you’ve already issued
Beyond gathering these items, it’s important to provide a clear written outline of what you believe the issues are and what evidence supports them.
A stack of documents with no context makes it very difficult for any attorney to reconstruct what happened. It can be counterproductive to just send files to the office and ask, “What are my options?”
Instead, tell us the story. What occurred, when, how it connects to the lease, and what you’ve already done about it. Sharing your objectives also helps us frame our analysis.
AI tools can help you draft that narrative outline, but make sure you’ve thoroughly reviewed what it produces for accuracy before sending it over.
Will You Need Witnesses?
Some conduct-based cases require firsthand testimony. That could mean staff members, neighbors, or other residents who directly observed the behavior.
One important distinction to keep in mind is that written statements from witnesses are helpful when we review the situation and advise you on options. However, written statements do not prove the facts of a violation in court. Having the person/people who observed the conduct appear and testify at court is critical.
That means it’s worth identifying who those individuals are early and confirming their willingness to participate if the case proceeds to trial. If the community wants the problem addressed, the community may need to help.
What Does a “Clean File” Look Like?
When you contact us on a new case, keep in mind that we may have no prior knowledge of the property, the parties, or the conduct, depending on past cases. Even then, it may have been a while, and we may need our memories refreshed by providing any new facts.
A written narrative outline is the best starting point. It gives us something to refer back to, and it ensures that the issues and context are clearly communicated from the beginning.
Include your objectives. What outcome are you looking for? This helps us frame our outlook and approach.
A complete, well-organized file allows any attorney to assess the case accurately and move forward without delays because information is missing. More information (quality, not quantity) provided up front means fewer gaps to fill later.
Should You Accept Rent While Deciding How to Proceed?
If the conduct is serious, such as violence or similarly egregious behavior, and you are considering eviction, accepting rent can complicate the case. Generally, it is recommended that you not accept payment, as to do so could create an argument that the breach has been waived. Either way, consult with us before accepting payment in those situations. Be patient, but get the file together and send it over with some urgency.
In Part 4, we’ll cover notice options and legal remedies, like the types of notices available for conduct-based evictions, and how to determine the right path forward.
