Evicting a tenant

Q. I have a tenant living in my rental property who has been causing a lot of problems. What process do I need to follow in order to evict them?

A. There are certain processes and laws you need to abide by before you can evict a tenant. Remember, although you have the right to choose who lives in your property, tenants also have rights. Some things you will need to consider beforehand include:

Notice: If your tenant has late or missed rent payments, you need to make sure they are at least 14 days behind before sending a Notice to Vacate. Make sure you check with the Government of the relevant state to ensure you are abiding by the rules.

Locking out tenants: Even though you are the landlord, you are not allowed to personally change the locks. If you do so, tenants can apply for a restraining order and you will be in a lot of trouble. Police are the authority who can change the locks in this situation.

Further action: There are some issues where you can go straight to a tribunal. These include: injury to the landlord, serious damage or using the property for illegal purposes. However, if you conduct any unlawful action, the case can be thrown out. So, make sure you have all evidence and documentation saved to help support your case.

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