Laws of eve - Evicting a tenant (Part 1)

The steps outlined in this article to evict a tenant relate to residential property which is governed by the provisions of the Rent Restriction Act.

Step 1 - Does the landlord have the right to possession?

The following basic preliminary information must be confirmed:

• Name of landlord
• Name of tenant
• Date on which rent is due
• The term of the tenancy; for example, it may be a monthly tenancy.
• Request a copy of the certificate of title for the property.

Step 2 - What is the reason?

Ascertain the reason the landlord wishes to evict the tenant and ensure that it is a reason which is recognised by section 25 of the Rent Restriction Act. The following are some of the reasons which are commonly relied on by landlords:

• Rent has been overdue for at least 30 days
• The tenant has broken some obligation of the tenancy or has failed to perform some obligation for at least 30 days
• The premises are reasonably required by the landlord for his own use and occupation or for occupation by some person wholly dependent on him
• The premises are required for the purpose of being repaired or renovated.

Step 3 - Prepare a proper Notice to Quit

Prepare a proper Notice to Quit which accurately states the reason or reasons the tenant is required to vacate the premises and the date by which he or she is to do so. It is very important that the Notice states the correct date by which the tenant is to vacate the premises and there are important facts to note with respect to the reasons for requiring possession which should be noted. For example, the Notice to Quit will cease to have effect if the reason stated in the notice is that rent is overdue and the tenant settles the outstanding amount before the Notice expires.

Step 4 - Serve the Notice to Quit

Ensure that the notice to Quit is properly served on the tenant. The notice may be left with any person who is 16 years or older at the rented premises or it may be affixed to the door of the premises if no-one is present to accept service.

The expiration of the notice to Quit does not bring the matter to an end.

If the tenant remains in possession of the premises after the notice expires, the landlord must then commence proceedings in court to obtain an order for possession. The steps to follow with regard to these court proceedings will be the subject of next week's article.

Sherry Ann McGregor is a partner and mediator in the firm of Nunes, Scholefield, DeLeon & Co. Please send your comments and questions to lawsofeve@yahoo.com or lifestyle@gleanerjm.com.