Daily Archives: February 25, 2019

Angry evicted couple worried moving house sitting on the floor in the kitchen

Dealing with Problematic Tenants Quickly and Legally

Angry evicted couple worried moving house sitting on the floor in the kitchen

Many landlords who are unfortunate enough to run into problematic tenants turn to the law to evict them. If you have a binding lease agreement in place, you can be rid of them quickly.

Most people delve into the commercial real estate market because it holds the promise of regular rental income every month. While this is true for the most part, sometimes, matters take a turn for the worst. You’re likely to come across a nightmare tenant once in a while.

Such tenants tend to be a nuisance by withholding rent, damaging the property and disturbing other residents. You need to enforce a forfeiture of the lease to rid yourself of such pesky tenants.

An Iron-clad Lease Agreement

Your best line of defence hinges on getting all tenants to sign a rental contract that stipulates all your expectations. The legal document protects you from any nasty surprise that a tenant might throw your way. Having a legal expert draft such an agreement ensures that it covers anything from late and unpaid rent to property damage and pretty much any random issue.

A legally binding agreement not only gives you peace of mind but also lets you rid the property of an errant tenant. Just because you own a property doesn’t give you the right to throw someone out. You need to follow the right process and ensure that you don’t infringe on their rights. The last thing you want is to get into a legal battle with a tenant.

Types of Breaches

destroyed ceiling

Some of the most common breaches covered under Section 146 include:

  • Altering a rental property without consent
  • Tenants removing carpets and installing hardwood flooring
  • Withholding service charges when they are paid separately from rent
  • Having pets on the property when it’s against regulations
  • Negligent acts that result in leaks or damages to the property
  • Subletting part or an entire property without the landlord’s consent
  • Violating parking space rules

Rectifying a Breach

Under Section 146, a landlord is supposed to give the tenant sufficient time to remedy the violation. However, this is relative to the situation at hand. For instance, the time frame to repair damages will differ from the one given to move a vehicle from another tenant’s parking space.

Once you’ve issued the notice, tenants should rectify the breached contract within the stipulated time frame. Failure to take corrective action can result in a forfeited lease. You need to ensure that the tenant has violated the agreement and give them ample time to remedy the breach. If need be, you have a legal right to demand compensation. However, if the tenant fails to correct the breach or pay the compensation, that’s when you should enforce the forfeiture of the lease and re-enter the building.

A landlord-tenant relationship is not always a match made in Heaven. Sometimes, you might take on a few tenants out to wreak havoc on your property. Having all your renters sign a binding lease agreement gives you an edge when you need to throw them out.