PROBLEMATIC TENANTS? HOW TO LEGALLY EVICT A TENANT
on 09 Feb 23
Legal & Insurance
A few circumstances to take into consideration to evict a problematic tenant:
Late or non-payment of rental or utilities
Serious damage to the leased Premises
Unlawful occupation after automatic termination of the Agreement
Continuous non-compliance with the rules or terms of the Agreement,etc.
The Legal Process:
When a Tenant is in breach of the Agreement,the Landlord must give the Tenant written notice,which is a fair warning for the Tenant to rectify the breach within a certain time.
If the Tenant does not rectify the breach within the stipulated time,the Landlord may then terminate the Agreement and begin with the legal eviction process. • The Court must grant an eviction order.
The legal costs incurred are payable by the Tenant to the Landlord.
What is illegal:
To deny the Tenant access to the Premises before the eviction process is finalized (before you have a court order).
To change the locks to the Premises.
The Landlord enters the Premises without permission from the Tenant.
To seize the Tenant’s possessions as compensation for money owed. The Landlord must be in possession of a court order and an issued writ of execution. How to avoid the hassle of going through an eviction process:• The Landlord must ensure that there is a Lease Agreement.
The Lease Agreement must include all the necessary clauses in as much detail as possible.
Contact our offices to draft your Lease Agreement and to assist you with the eviction of a problematic tenant.
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