We often talk about tenants’ rights, but landlords get taken advantage of as well, and can be stuck with bad, non-paying tenants who ruin their property. Private landlords renting a room or property are especially vulnerable, since they don’t have an agency that can come to their aid. Here’s how you can get rid of a tenant legally so that you don’t find yourself in trouble with the courts at a later stage.
Do not take the law into your own hands
It may be tempting to lock your tenant out and, considering this person has not been paying you for the use of your property, you may even feel it is your right to do so. Do not do it. Do not change the locks, throw their stuff out, turn off the electricity or water or try to block their access to the property unless you want to find yourself in legal trouble. If you do so, you will have broken the law and the tenant – even though they are in breach of contract and have not been paying – could get an order against you (called a spoliation order) so that you have to let them back onto the property.
The legal eviction process
Step one is always to talk to the tenant before threatening legal action. It may just be a temporary problem. If this fails, you will need to start the eviction process.
- The landlord sends the tenant written notice of the breach of contract (the non-payment of rent), giving the tenant at least 20 business days’ notice to rectify it and letting the tenant know that failure to do so means the lease will be cancelled.
- If the tenant still does not pay within the expiry date of the notice, the landlord must send another notice that the lease agreement has been cancelled due to the tenant’s breach of contract and that the tenant must vacate the property. This notice will also state that the landlord intends to evict the tenant through the courts.
- If the tenant refuses to leave the property, the landlord can go to the High Court or Magistrate’s Court in the area where the property is situated to apply for an eviction order. The court will let the landlord know of the date and time of the hearing.
- Written notice of the hearing will be sent to the tenant 14 business days before the eviction hearing. If the tenant does not show up for the hearing, the court can postpone or choose to continue in the tenant’s absence.
- If the tenant does not have a valid defence, the court can issue a warrant of eviction. The warrant of eviction authorises the sheriff to remove the tenant and his/her possessions from the property.
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* This is only basic legal advice and cannot be relied on solely. The information is correct at the time of being sent to publishing.