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, and the punishment for doing so could be a fine, imprisonment or both a fine and imprisonment.
Another reason why it is not recommended to lock out non-paying tenants is that the tenants could approach the Rental Housing Tribunal or any court for an order that you must give them access and possession of the property and hold you liable for their legal costs.
In light of the above, we recommend that you do not lock out non-paying tenants unless you have a court order permitting it.
The above should not be accepted as legal advice, and you are advised to seek legal advice.
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