Landlord and tenant relationships are somewhat complicated. Sometimes people don’t really know how to behave and what to expect under a lease agreement. It is very important to read the whole contract and make sure both parties have understood what is expected from them. This is the first step to avoid problems in the future and to avoid eviction processes
These are the most common reasons why a landlord may give an eviction notice to a tenant:
Failure to pay rent
The most common reason to deliver an eviction notice is that the tenant hasn’t paid the rent. The amount of money owed can be for just a month or more than a month.
Breach of contract
In case of a breach, the tenant has broken some term agreed to in the contract. Rules about pets, other residents, services, or disruption of public peace are usually established in the initial lease agreement and must be followed by both signing parties.
Need of the property
In this case, the landlord needs the property back. It could be due to major remodeling or restoration of the property. It could also be because some family member of the landlord is coming to occupy the property and therefore it cannot be rented out anymore.
Responsibilities of the landlord
In a rental situation, the landlord has to offer a property that meets certain standards. These are some of the aspects a landlord has to bear in mind when renting.
The property has to be prepared for the weather. If the place is located in a hot area, the property has to be well-ventilated and suitable for the intended use. In the case of cold weather, insulation of the walls and heating system might be necessary. Some property owners don’t realize that having a good heating system would even allow them to have a higher rent. These improvements are a good investment in time.
The property has to have the basic local services. Clean water, garbage disposal, and electricity are just the most basic and vital services a place has to have access to. The way these services are offered can change from one property to another since it is not the same to rent a wooden cottage in the mountains as a three-bedroom apartment in the city center.
The tenant has the right of enjoying privacy in the property. Just because the owner and the resident are not the same people, this does not mean the owner enter the unit and visit any time without giving notice and without having a valid reason.
Responsibilities of the tenant
Tenants have to follow certain rules and respect the agreement signed. Some of their responsibilities include:
Pay rent on time. Partial payments aren’t usually allowed and neither delayed payments.
Pay for minor repairs that have been previously agreed with the landlord. If this is not agreed, then the landlord has to cover the expenses of those repairs.
Respect the communal living norms that ensure a peaceful routine to all other tenants and neighbours.
What is the usual procedure for an eviction process?
The first thing to do is to give notice to the tenant of the breach of contract that has been registered. The tenant has to be served the eviction notice. This notice has to be delivered, ideally in person, as soon as possible. If the tenant is not to be found at home, the notice can be mailed, but there is still the need of some sort of certificate of reception.
If after the notice, and after the established time the tenant has not complied with the terms, the eviction process continues. It is then up to the local authorities to establish the right moment to present the case in court and to present evidence and testimonies of the situation. A professional lawyer or counsellor should be hired to lead the case and make sure all the legal steps are respected and properly followed.
