Eviction
Common Tenant Scams every Landlord needs to watch out for
Common tenant scams that some tenants use to trick landlords. In this article we recommend steps to reduce your risk of falling victim.
Uncategorized
Can the Rental Housing Tribunal grant me an eviction?
We are often asked whether or not a property owner can get an eviction order from the Rental Housing Tribunal, and quite a few seem to be under the impression that the Rental Housing Tribunal can grant an eviction order; however, nothing could be further from the truth. While the Read more
Commercial Eviction
Why is it so important that the right to occupy be terminated?
All tenants derive their ability to occupy the property from some form of consent that was given by the landlord or a person with authority to give the consent (such as an estate agent). Once this consent is given, the tenant has the right to occupy the property until the Read more
Lawsuit
Can I make the non-paying tenant liable for the legal costs of the eviction?
In almost all legal proceedings, the Courts will usually decide who must pay for the legal costs associated with the underlying legal proceedings and will make a “cost order” to this effect. The normal rule is that “costs follow the cause”, or in other words, the successful party will normally Read more
Commercial Eviction
My tenant claims he is unemployed and cannot pay rent. What do I do?
The very basis of a lease agreement is that the tenant will pay the landlord for the use of the property. If the tenant cannot afford the rent, whether due to unemployment or other factors, the tenant should rather find more affordable accommodation as soon as possible – however, it Read more
Lease Agreement
What are the signs that a potential tenant might become a non-paying tenant?
While there aren’t any definitive signs, there are some signs that a potential tenant may become a non-paying tenant. Accordingly, we recommend proper vetting and diligence. Some signs that a prospective tenant may become a non-paying tenant include the below signs. Poor Payment Record The prospective tenant has a poor Read more
Eviction
Why should I evict a non-paying tenant as soon as possible?
We are often asked why a landlord should move quickly to evict a non-paying tenant and the answer is actually multifaceted. Loss of Rental Income The most obvious answer to the question is that you are losing money every day that the non-paying tenant is in the property and we Read more
Eviction
Who are the only people allowed to evict someone from property?
Speaking in terms of residential evictions, the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act specifically provides that: (1) Notwithstanding anything to the contrary contained in any law or the common law, the provisions of this section apply to proceedings by an owner or person in charge Read more
Eviction
Can I lock out non-paying tenants?
A lot of clients have asked if they can lock out non-paying tenants, and the answer is a straightforward no. The reason why you should not lock out non-paying tenants is that section 16(hA) of the Rental Housing Act specially makes it a criminal offence to unlawfully lock out tenants, Read more
Residential Eviction
Can I disconnect the water and lights of a tenant when they are behind with rent?
The short answer is that you cannot disconnect the water and lights of a tenant without a court order. Also, there are consequences for disconnecting the water and lights of a tenant without following the correct procedure. In terms of section 16(hA) of the Rental Housing Act, it is a Read more