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Can you eject a residential tenant who does not pay?

On Behalf of | Oct 13, 2021 | Property Law

There are few things as frustrating for a landlord as a client who does not pay on time. While you may understand their situation, they need to understand yours.

Your tenant may have lost their job or had a tough month, but you also have bills to pay. If you do not meet your outstanding debts on time, you, too, could face problems.

You need to handle evictions in the correct manner

However frustrated you are with a nonpaying tenant, you cannot just throw them and their possessions out onto the street. If you do not abide by all the necessary legal requirements, you could find yourself at the end of a lawsuit with them sitting pretty in your property. Here are some of the steps you must follow:

  • Issue a Notice to Vacate: This gives someone three days to move out. You cannot proceed with eviction unless you do this first. If you wish to offer the tenant the chance to pay and stay, you can, but you do not have to.
  • File to evict: If the tenant remains in the property after the three-day notice to vacate has expired, you can ask a court to approve an eviction order.
  • An eviction appeal: Approval of the eviction order is not the end of it. The tenant can challenge the judge’s decision.
  • Get a writ of possession: If there is no appeal within five days, or once any appeal has been settled in your favor, you can apply for the writ of possession, with which the eviction can take place.

Changes to the law have made it harder to evict residential tenants over the last year. Many of the measures are temporary, so it is crucial to learn more about your current legal standing if you need to evict a residential client who does not pay.