As a landlord, you have the responsibility of ensuring your property is rented to suitable tenants who will look after it responsibly and pay their rent on time. However, there may be times when you need to evict a tenant from your property for a variety of reasons. While it’s not an agreeable circumstance as a landlord, it’s part of the responsibilities that come with being one. If you find yourself in this unfortunate situation as a landlord, here is what you need to know about tenant eviction so you can go through with the process if necessary.

What Is a Tenant Eviction?

If you end up in a situation where you have to evict a tenant, it means you need to get that person off the property they’re renting from you as soon as possible. There are many reasons why you might need to evict a tenant, such as if they’re not paying their rent, causing damage to the property, violating the terms of their lease, or posing a threat to the safety of others. While you can’t simply evict a tenant willy-nilly, there are legal steps that need to be followed in order to make the process official.

The Legal Process of Evicting a Tenant

As mentioned, when you want to evict a tenant, you cannot simply throw them out of the property – it’s a lengthy legal process that must be followed. You must first provide the tenant with written notice that they are in breach of their tenancy or the law. There are two main types of notice that can be used for tenant eviction – a “Section 8 Notice”, "Notice to Quit", or a “Section 21 Notice Seeking Possession.” Depending on the situation and the type of tenancy the tenant has, one notice may be more appropriate than the other. If the tenant doesn’t clear the rent arrears or leaves the property within the time frame specified on the notice, you can go to court and file a possession claim against the tenant. Once the judge makes a possession order, the tenant will have a certain number of days to leave the property or be removed from the property.

Reasons to Evict a Tenant

If you’re considering evicting a tenant, it’s important to know that you have to have just cause to do so and that the eviction is done according to the law. If a tenant sues you for unlawful eviction, there is a good chance that the court will rule in their favour and you could be ordered to compensate the tenant. There are a number of reasons why you may need to evict a tenant, but the most common are non-payment of rent, breach of the terms of the tenancy, and the end of the fixed term of the tenancy lease terms. Non-payment of rent - If a tenant doesn’t pay their rent, it’s vital that you take swift and immediate action to get them out of the property. Not doing so could significantly increase the rent arrears and embolden the tenant not to pay rent as required under the tenancy agreement. End of the fixed term tenancy - Most tenancies are for a fixed term of 6, 12 or 24 months. If you want the tenant to leave the property at the end of the fixed term then you should take appropriate legal action to evict the tenant from your property. Breach of the terms of the tenancy agreement - If a tenant breaches the terms and refuses to correct the breach, you may need to evict them from the property in order to maintain a safe and healthy living environment. For example, if a tenant becomes aggressive and violent towards other tenants in the property, but refuses to change, you may need to evict them in order to keep other tenants safe. Being a safety threat to others - If a tenant regularly disturbs the peace, threatens other tenants and/or the property owner, or poses a threat to the safety of others, you may need to evict them in order to ensure the safety of those living in the property.

What You Need to Know About Tenant Eviction

Evicting a tenant is not always easy - If you’re facing the unpleasant task of evicting a tenant, know that it’s not an easy process. From the moment you start the eviction process to the moment the tenant leaves the property, it can take anywhere from 2-9 months. - Eviction isn’t Free - While you may be eager to get the tenant out of the property as quickly as possible, keep in mind that there are costs associated with evicting a tenant.

3 Steps to evicting a tenant

Identify if You Need to Evict A Tenant - The first step in the process of evicting a tenant is to determine if you even need to do so in the first place. Be sure to look for signs that a tenant may be falling behind on their rent or breaking the terms of their lease. Provide the Tenant with Written Notice - Once you know you need to evict a tenant, it’s time to serve them with written notice. Depending on the situation and the type of tenancy the tenant has, you may have to serve the tenant with a “Section 8 Notice”, "Notice to Quit", or a “Section 21 Notice Seeking Possession.” File Your Claim for Possession - If the tenant doesn’t remedy the violation within the time frame specified on the notice, you can file your claim for possession at the court.

Conclusion

At the end of the day, being a landlord means taking on a significant amount of responsibility. You must be prepared to deal with any number of situations that can arise, such as tenant eviction. If you’re faced with the situation of having to evict a tenant, it’s important to remember that it can be a lengthy process that must be followed carefully to avoid any potential legal issues.