4 Steps Every Landlord Must Take Before Kicking A Tenant Out Of His Premises. – Some tenants could prove very difficult sometimes. They owe rent that has accumulated for months, sometimes years, and decide not to say or do anything about it. Some could even resort to sneaking out of the house very early in the mornings and return in the dead of night to avoid confrontations with their landlords. Many times, it gets frustrating for the landlord to deal with such a tenant, and this ends up breeding animosity, and eventually gets blown out of proportion.
As a landlord dealing with such type of tenant, you should be on the side of the law when taking action. To do this, you have to follow these procedures respectively. They are:
1. Give your lawyer written authority to act on your behalf:
Written authority may be in form of a power of attorney conferring the power to evict the tenant on the lawyer. It could also be a letter permitting the lawyer to act on behalf of the landlord.
2. Issue a notice to quit:
The importance of this is to officially end the tenancy agreement. Also, in commencing proceedings in court to recover premises from the tenant, it must be shown that this step was taken. A notice to quit can be issued by:
a. The Landlord
b. A lawyer authorized by the landlord
c. An agent authorized by the landlord
3. Issue a notice of owner’s intention to recover possession:
Before an action can be brought in court for the landlord to re-enter into possession of his property, a notice of 7 days owner’s intention to recover premises must be given. The reason for this is to make sure the tenant is well informed that the landlord is ready to approach the court to evict him.
4. Commence an action against person refusing to deliver up possession:
The only way a tenant is allowed to be evicted from the premises by the landlord is by officially bringing an action against him in court. On no account should a landlord forcefully regain possession from his tenant other than going to court and following the laid down procedure.
Note that where a landlord fails or ignores to obtain an appropriate order of the court for the possession of premises, it would be said that such landlord has invaded and committed an infraction of the rights of the tenant. As a result, the landlord would be liable and can be sued for trespass. Do ask any questions you might have below.