One of the most common issues faced by landlords is dealing with difficult tenants. Whether your tenant is displaying anti-social behaviour towards their neighbours, avoiding paying their rent or refusing to respect your property, the law should be on your side and there are ways to solve the problem. It’s important to find out your legal rights and the correct procedure before taking action, to make sure that your response does not backfire. |
When you evict a tenant, you are technically launching a lawsuit against them, because you are asking the court to order the tenant to leave your property. Eviction is technically a straightforward process, but there are certain legal points you should be aware of to ensure that you are within your rights to evict the tenant. These measures should be taken with every tenant, so you are prepared to implement the eviction procedure without delay if it becomes necessary.
If you are a landlord with many properties and deal regularly with different tenants, it is a good idea to keep Solicitors on retainer. This means you will pay a trusted legal advisor a regular amount, which ensures that they will be on hand to help whenever you have a question or need to take legal action. The lawyer will advise you on how best to deal with any lease disputes and having a lawyer on retainer will simplify the eviction process.
If a tenant is having difficulty paying their rent, it may be tempting to accent a partial payment, rather than the full amount. Although this may seem like a good idea as receiving part of the rent is better than none, in fact it is a mistake as it negates your right to evict the tenant. By accepting a different amount of rent to what was initially agreed, you are confusing the terms of the original lease contract. If you do accept a partial payment, this will delay the time when you can legally begin the process of eviction.
Although it may seem like a pessimistic approach, preparation for eviction should begin before the lease is even signed. With the assistance of your lawyer, make sure that any contract you offer to a potential tenant is watertight, covering all possible problems with clear language that could not be disputed in court. Dealing with difficult tenants can be stressful, but knowing that you have the right to evict should put your mind at ease and ensure your property and business are protected.
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