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 is our experience that certain non-paying tenants will instead stay on the property for as long as possible.
What we would recommend is that the landlord should engage the non-paying tenant to agree on a date and time at which the non-paying tenant will vacate the property, and the landlord can even offer to help the non-paying tenant find new accommodation. The thinking behind this is that it may prove to be quicker and cheaper to try and reach an agreement as to when the non-paying tenant will leave. We highly recommend that the agreement to leave be put in writing, as this can be used should the need to evict the non-paying tenant arise.
If the non-paying tenant is engaged and it appears that the non-paying tenant is not serious about leaving the property, then you may want to commence with eviction proceedings as soon as possible. It often turns out that some non-paying tenants will try and use the good-faith engagement to extend their stay as long as possible.
In light of the above, we recommend starting eviction proceedings the moment it appears that the non-paying tenant is not serious about vacating the property (or the non-paying tenant has previously agreed to leave but continued to stay on the property).
The above should not be accepted as legal advice, and you are advised to seek legal advice.
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