Ideally, a lease agreement will be beneficial to both the landlord and the tenant. The tenant gains a safe and comfortable place to live while the landlord receives a regular income. Most of the time, this runs smoothly.
Unfortunately, there are occasions when the landlord and tenant may no longer see eye to eye. In such instances, the landlord may feel like they have no option other than to serve an eviction notice. Generally, an eviction notice cannot be served for arbitrary reasons. The landlord must have a legitimate grievance and must gain legal permission to carry out the eviction lawfully.
What are some of the more common reasons for evictions?
Non-payment of rent
The tenancy agreement should contain the amount of rent to be paid as well as the date it is expected. Failure to adhere to these timelines is a breach of the agreement, and it is potentially actionable. When a tenant is in arrears with their rent, the landlord has a legitimate grievance and they may be entitled to apply to the court to serve an eviction notice.
Other breaches
Other than normal wear and tear, tenants are expected to keep the property in the same condition it was when they arrived. Many landlords state specifically in the lease that no pets are allowed and no smoking is permitted. If a tenant breaches these terms and subsequently causes damage, then the landlord has a grievance that could escalate to an eviction.
Whether you’re a landlord who is looking to evict a tenant or a tenant who is facing eviction, you have legal rights. Seeking some experienced guidance will give you a much better idea of where you stand.