Tenant Eviction

Tenant Eviction – Forceful Ejection of a Tenant from the Rental Property

Tenant eviction is simply the removal of the occupant of a rental property out of it over some reasons. When a tenant is to be evicted from the property, he is usually given an eviction notice. An eviction notice is a letter sent by a landlord or a property manager to a tenant to inform them that they must fix a certain problem or vacate the property after a given period of time. Eviction notices are usually sent if the tenant has failed to pay rent, but are also used if the tenant has violated the terms of the rental agreement. When a tenant become unbearable, its when an eviction is affected but within the precincts of the law.

How and When to Evict Tenants?

Taking a tenant out a property is usually the worst case scenario but there comes a time when it’s the only remaining option. It is always advisable to the side of the landlord or property manager to first exploit all available diplomatic options before resorting to eviction.

There are always a number of reasons for a landlord or property manager to evict tenants however normally this is due to breach of the terms of the rental agreement.

In case an agreement cannot be reached, and the tenant is not willing to leave on their own accord, the worst next step is eviction.

But it is always vital to refer the matter to authorities like police, local councils or any other administrative office for peaceful resolution before ejecting a tenant, a move that may be regrettable later.

Reasons for Tenant Eviction

In most cases, Landlords or property managers should have valid legal reasons for evicting tenants. The following situations could justify a breach of lease or rental agreement terms and call for a  forceful removal as a final inevitable option:

  • Consistent failure to pay rent after receiving reminder notices.
  • Regular payments of rent very late.
  • Malicious damage caused to the property.
  • Using the property for illegal purposes, such as drug manufacturing, witchcraft or a religiously an unactable business. For instance putting up a bar in a property belonging to a Muslim landlord.
  • Being a nuisance or causing annoyance to neighbors.
  • Breach of any other terms as enshrined in the lease/rental agreement.

Property owners and managers should note that there may be grounds for a tenant to appeal these reasons for eviction, including age, health plus lack of alternate accommodation.

Eviction Procedure: Issuing Eviction Notices

Before you Evict tenants, the correct notices need to be conveyed to them and the tenant must have the chance to remedy any matters.

Notice types and periods can differ from accordingly. The reason for eviction can also impact how much notice is to be given.

For example, in most cases, tenants must be served a Notice to remedy if they haven’t paid their rent. They will be given 14 days or a month to make the payment.

Only at the expiration of that period, and if the rent hasn’t been paid, can the landlord/manager issue an eviction notice.

Certain reasons for evicting renting property occupants require longer notice periods than others. But breaches of lease agreement terms normally only require a 14 days’ notice. In the meantime, property-owners who sell their property and need it emptied should give tenants 30 days’ notice or more time for terminating their lease.

Evicting the Tenant finally

When all notices have been served, to end the lease and evict tenants, you need to provide tenants with a termination notice. And this termination notice must contain the following:

  1. Be in writing.
  2. Be signed and dated by the property manager or landlord / property owner.
  3. Be properly directed to the tenant with accurate, legal name.
  4. Indicate the day on which the lease agreement is ended and by which date the tenant should vacate.
  5. Where suitable, point out the grounds or reason for the notice.
  6. Ensure that that you keep a copy of this notice as evidence for evicting the tenants.

When evicting tenants from the premises, it is necessary to follow the correct steps. Failure to do so could lead the property-owner or the property management company being sued in courts of law for damages leading to order to pay compensations.