Unfortunately, contracts with some real estate tenant end up with an eviction process. Having to serve an eviction order is a scenario that no commercial landlord wants have to do. Also, it’s an unpleasant process for tenants, especially if it’s the result of factors out of their control.
Because tempers can run high when there are issues with real estate contracts to work out, there are some important facts to know about the eviction process. These are important to know because if you make a mistake, you may land up with legal problems yourself if you fail to follow the rules.
Valid Reasons for Serving an Eviction Notice
There are 2 main reasons for a landlord ending a lease before the contract has expired. There are:
- “for cause” reasons
- “no fault” reasons
Some “for cause” reasons are if the tenant fails to pay the rent in full, they have made a serious breach of contract, they are engaged in illegal activity, or they disturb the other tenants.
However, there are other reasons that a landlord may have to evict tenants when there is no contract breach. These can be factors like, essential building repairs that require the property to be vacant, the property will be demolished, the property will be sold.
Issuing an Eviction Notice
It is very important to follow local tenancy laws when issuing an eviction notice. The eviction notice should use the correct form, disclose all relevant information, and have a valid claim. Failure to accurately cover all the necessary points could result in the eviction notice being dismissed and you can’t vacate the property as you wish.
Seizing your Property
Depending on the reason for evicting the tenant, there are various ways to seize your property. For example, if the reason for eviction is for non-payment of rent, the landlord can change the locks 16 days after the rent was due. The landlord can also seize property to reclaim lost revenue. In this case, 5 days’ notice must be served before any property is sold.
In all cases, you should get professional advice from your lawyer before initiating any eviction process. This will make sure that the eviction process goes as smoothly as possible because you have all your facts straight beforehand.
