Eviction. A stress-free process. Advice from an expert.

  • 2 months ago
  • 0

Dealing with delinquent rent and other tenant issues are realities that are faced by landlords across the world.  Here, our Property Manager, Brenda will share some tips on how to handle tenant evictions as painlessly as possible!

 

  1. Determine the reasons: The law defines several grounds for eviction, including non-payment, breach of contract, unfitness of the dwelling or failure of the tenant to fulfill his obligations. However, if there are several reasons, Brenda advises to prepare a separate document for each of them. Make sure to consult the Residential Tenancies Act for your province first as providing two different eviction notices can end up voiding both! Pick your battles, and your reason for eviction wisely.  Typically, the most tangible and quantifiable reason will be best, even if it will result in a longer processing time.  For example, while you may be tempted to use a 5-Day eviction for Peaceful Enjoyment violations, it’s much harder for the tenant to contest non-payment of rent. Therefore, if given the choice, an eviction for non-payment of rent is the safest approach between the two.

 

  1. Timing Matters: Eviction notices must take time to receive and execute. Consult your province’s Residential Tenancies Act regarding “clear, full days.”

 

  1. Clarity of addresses: When filling out documents, be accurate to the smallest detail. If the rental property is divided into several units (for example, a main dwelling and a basement), this must be clearly indicated in all documents.

 

In short, the eviction process requires careful preparation and strict adherence to the procedure (detection of violations, delivery of the eviction notice, eviction itself)

Eviction is a legal process and specific steps must be followed according to local law. In Newfoundland, these conditions are specified in sections 19-22, 24 of the Tenancy Act 2018, which describes the terms of eviction and possible reasons for terminating the lease.

 

In particular:

  1. “Non-Payment of Rent (Section 19)”: A landlord can serve notice after rent is in arrears for at least 3 days for a weekly tenancy or 5 days for a monthly tenancy and other arrangements. It will be possible to evict at least 3 and 10 days after the notification, respectively.
  2. “Breach of Material Conditions (Section 20)”: The landlord must first notify the tenant in writing of the breach and allow a reasonable time to cure it. If this is not resolved, the eviction notice can last 7 days for weekly tenancies or 1 month for monthly tenancies and fixed terms.
  3. “Premises Uninhabitable (Section 21)”: A landlord can terminate the lease and require immediate eviction if the tenant makes the premises uninhabitable through acts or omissions.
  4. Tenant’s Obligation Not Fulfilled (Section 22): Tenant has 3 days to fix cleanliness or damage. In the absence of an address, the landlord can issue a notice to vacate at least 5 days after serving the notice.
  5. “Interference with Use and Privacy (Section 24)”: The Landlord may give notice at least 5 days after the violation caused by the Tenant.

And remember; timing is everything when it comes to eviction notices, even if they are for no cause.  It is always best to consult a property manager when serving formal legal notices to your tenants to avoid making mistakes that could prolong your access to your home.

 

Join The Discussion

Compare listings

Compare

Free Rental Analysis

Fill out this form in order to request a free consultation.