Like other property ownership, the clearly stated guidelines need to be followed by the property manager or the landlord. Among them are the laws regarding eviction. As a landlord or property manager, regardless of the reason for eviction, you need to follow the due process involved. In most cases, breaching the terms and conditions of the leasing agreement is reason enough for you to evict a tenant. But before that, you need to offer termination of tenancy first. There is a difference between the termination of tenancy and eviction. The latter is the formal court process if the tenant fails to honor the termination of occupancy by leaving your premises.
As a property manager, ensure your tenants sign a leasing agreement before settling on your property. The tenancy agreement can either be a periodic or fixed-term agreement. Periodic tenancy runs for a short time, most commonly month to month, although you can find a weekly tenancy agreement. Periodic tenancy usually works as a rolling contract since you can terminate it at any time. In the case of a fixed-term agreement, you make an agreement with the tenant for a certain period, e.g., a one-year tenancy. At the end of the agreement, fixed-term tenancy immediately turns to a periodic tenancy. If the tenant does not want this, they are supposed to write a notice at least 21 days before the contract ends.
Termination Without Grounds
In the case of fixed-term tenancy, under no circumstance are you allowed to give the tenant a notice of tenancy termination before the last day of the contract. If you want to issue a termination at the end of the contract, it is mandatory to give the tenant at least a 30-day notice, inclusive of the last day. On the other hand, you are entitled to terminate the contract for the period agreement without any grounds, so long as you give the tenant a 90 days’ notice to vacate the premises.
Termination For Breach Of Agreement
There are terms and conditions regarding when the tenant is supposed to pay rent on the leasing agreement. Defiance of the stipulation of the lease agreement by the tenant calls for notice of tenancy terminations. For both periodic and fixed-term tenancy. Legally, you are supposed to issue the tenant with a 14-day termination notice. If they do not obey the notice, it is recommended that you apply for an eviction notice. The tenant is then summoned for a tribunal hearing, where if it is evident that the Breach is fixed or taken steps towards that, the termination notice may be withdrawn. Some reasons for termination of tenancy could be non-payment, disturbance to neighbors, and property damage. In the case of a non-payment termination notice, the tenant is supposed to owe you 14 days’ worth of rent before you give the notice. If the tenant clears the arrears within these days, you cannot vacate him or her from your property.
Termination For Sale Of Premises
Due to various reasons, you may want to sell your property to another party. As a result, you would like to vacate the tenants; for the fixed-term tenancy, it is impossible to end the agreement until the end of the contract. But, it is legally allowed to issue the tenant with a 30-day termination notice for periodic tenancy.
Hardship
If you may face undue hardship if the tenancy is continued, you can directly file for eviction without notice. You may, however, be required to compensate the tenant for the inconvenience cost.
