Tough Times for Renters
Tenants are finding life extremely difficult at the moment. Rising rent, food prices, electric and water prices almost seeming to rise on a daily basis and then unscrupulous landlords evicting on a moment's notice. So, what can a tenant do?
Landlords cannot evict tenants
Landlords cannot decide to evict a tenant on a whim or to take advantage of the hike in rents to re-rent at a much higher price. It is not easy for a landlord to evict a tenant from their home before the contract expires. They must have a valid reason.
There are three possible ways:
- If a tenant has defaulted on their rent. If this occurs then the landlord must file an eviction lawsuit. A notice of thirty days must be given to the tenant to make payment. If there is still no payment after this notice period, then the enforcement court can be asked to make a discharge after the eviction lawsuit or enforcement proceedings.
- The tenant can be evicted if there is a serious breach of the contract. For example, if the tenant makes a serious change to the property without first seeking approval from the landlord
- Another way that a tenant can be evicted is if there is going to be some substantial renovation works taking place or repair. Sometimes a property has been marked for demolition in which case the tenant must be invited to leave. If he is not ‘invited’ the tenant must be paid a one-year rental fee and a moving fee.
Thirty Days' Notice
According to information gained from lawyers, tenants are obliged to be respectful to their neighbours. If this does not happen and neighbours file nuisance reports then the landlord is obliged to give written notice that they will terminate the contract. There has to be at least thirty days' notice of this being given. In some extenuating circumstances, if it is felt that the tenant would violate the written notice period and make life untenable for both the neighbours and the landlord, then the contract may be terminated immediately but with a written notice of this fact.
The House Is To Be Sold
If the property is going to be sold then the landlord has to give the tenant six months. If the property is sold whilst the tenant is still living in it, then the new owner can request an eviction by sending a notice to the tenant within one month. The tenant can continue to live in the property until the end of the sixth month from the date of purchase. An eviction lawsuit can then be filed.
It seems from this, that tenants do have rights but so do landlords. If you are experiencing any issues then please contact Summerhomes who have legal teams available to help you navigate these issues.