Sunday, 27 February 2011

Tenant Eviction

Q: I have a tenant who refuses to pay the rent on the grounds that the yard was not maintained, but the lease agreement states that she has to maintain the yard. Can I breach the contract and give her notice of eviction?

A: The inclusion of yard maintenance in the lease agreement is a positive covenant and it can be enforced by the Landlord/lady. If she refuses to do that, it is a breach of the lease agreement and only compounds the other breach of not paying rent.

Giving notice isn't breaching the contract, so don't worry. Give her notice of 45 days to vacate and do not try to physically remove her yourself, or else you won't get any of that unpaid rent if it goes to court.

185 comments:

  1. Thanks for this post. It Very nice Blog. It was a very good Blog. I like it. Thanks for sharing knowledge. Ask you to share good Blog again.

    ReplyDelete
  2. Hi, my family has been renting a house since August 2000 to present (11 years and 5 months). The landlord called today to let us know we have 2 months to move. I would like to know if that is legal or if there is anything we can do?

    ReplyDelete
  3. Hi,

    You could be renting for 100 years and still get evicted. That's the Landlord/lady's right and he/she can do it for any reason.

    ReplyDelete
  4. hi, i`m renting this place and was giving 6months to leave i have not found a place yet but the landlady wants us to pay rent upto 1month before we leave the rent is to high and to have to ave money for the next place will be hard. they gave us no written notice. what rights do we have in this case?.

    ReplyDelete
  5. Hi my fmily and I have living in a two bedroom apartment from april 2010, for the past couple of months I have been tardy in paying my rent maybe a week or so late. Though my rent is up to date my landlord gave me an eviction notice of 14 days to move is this legal

    ReplyDelete
  6. Of course. You were late; you breached the lease. The Landlord has every right to evict you.

    However, the notice MUST AT LEAST be the same period as the rent payments, eg., weekly, bi-weekly or monthly.

    Based on what I understand, your tenancy agreement is monthly, so your notice must be a month.

    ReplyDelete
  7. First off, GREAT blog! Building on this issue, if the tenant refuses to leave after the 45 days has elapsed, what would be the next step? I see you made it a point to avoid physically removing the tenant. Is it that the can live in your property rent free until a court makes a decision?

    ReplyDelete
  8. Yea, unfortunately, that's the downside to it.

    45 days is not necessary, you can give the same amount of notice as the schedule pay. If they pay every month, they can get a notice to leave in a month. 45 days is really for people with no agreement... like a family member.

    As soon as the period is up, get cracking on the court order.

    ReplyDelete
  9. can i be given an eviction notice for 30days with false reasons stated on a made up eviction notice typed by someone in an e-mail format or can i ask the law to have it extended. also im i still entitled to my half of the deposit even though the other tenant renting with me has decided to stay and renew the contract in her name

    ReplyDelete
  10. I have had a worker in my Business try to overthrow me, and I had him evicted, however he has decided to come open a business just like mine next door to me, what I want to know is , Is this legal or illegal????

    ReplyDelete
  11. A person in Trinidad rents an office and has not paid rent for 6 months. It is a commercial month to month tenancy. I gave him 30 days to vacate. If he does not vacate after 30 days what are my options ? In TT via common law can I have a bailiff put his stuff out on the street ?

    ReplyDelete
  12. If you get a Bailiff to evict the tenant without a court order, it will be an illegal eviction.

    The procedure:
    1. Eviction notice (minimum period of the rent payments)
    2. Application to court to order tenants departure (hearing in about 3 weeks and the tenant is usually given 45 days to leave)
    3. Bailiff can be called in if tenant ignores order.

    Always follow proper procedure to evict a tenant.

    ReplyDelete
  13. Mine is complicated, my grandmother died 12 years ago and left a tenant in common will, the survivors are mom and her brother all reside elsewhere (US,Montreal). Her brother(in trindad) and sister(US). My aunt's children reside on the property and basically destroyed the house. We would like to get the off like tomorrow. The will has never been probated and my mom just received a copy today. Could you probate a copy of a will? Would greatly appreciate any feed back that I can get. Also do they have shares in this types of will? Especially when they destroyed the home ( have pictures to prove it.)

    ReplyDelete
  14. have been renting a building for the past ten years, the landlord has suddenly given me notice that the rent is being doubled within two months, from $3000.00 to $6000.00 is that legal?

    ReplyDelete
    Replies
    1. It depends on if it's fair. Assuming that there has not been an increase in 10 years, if similar properties are renting at that amount, then he may be entitled to do so as well, to keep up with inflation.

      Delete
  15. Have been renting a lot for five years now,the landlord sell the land without contacting me saying their is no structure on the land is that legal

    ReplyDelete
    Replies
    1. Do you have a lease? If not, what is the agreement?

      Delete
  16. DH

    I am renting a place but i was not given a rental lease. This place includes electricity. the place is hot because no breeze passes through. I would like to put in an AC unit at my cost and increse my payment of my rent by $100. per mth but my landlord does not want me to do it. also sometimes i may pay my rent about week late. and this cause my landlord to qurrel with me. please let me know it I have any legal ground because I am getting a feeling that he is going to give me notice.

    ReplyDelete
    Replies
    1. It's the Landlord's property, so it's up him to decide what alterations can be done. If he does not want ac installed, you can't force him.

      If your rent is a day late, your Landlord can give you notice because you breached the terms of the lease. If the rent payment date is the 1st and you pay on the 2nd, you can be given notice to leave.

      Some Landlord's are more lenient and understanding, but there are some who don't tolerate late payment at all. It's their choice.

      Delete
  17. Hello we are renting a house for some time now my wife is a teacher she aks the landlord if we could use part of the garage for some of her classes note we didnt build anything. She told us we will have to pay $1000.00 extra is this the legal. We are already paying for the hold place why should we have to pay extra. What do you think

    ReplyDelete
    Replies
    1. It depends on what is in your original lease.

      Does she restrict the premises from being used for business purposes?

      She is simply seeing an opportunity to make more money seeing that you will also be earning more. Even if what she's doing isn't ethical, it isn't illegal, because she can raise the rent every year.

      Delete
  18. hi i have a store in a mall. there is no written agreement,when i first took the place 6 months ago the landlord and i had a verbal agreement . he said if i wanted ac in the store i can either put my own ac and pay $300 more and if i want to rent the ac from him id pay even more more.. i agreed to the greater sum as i didnt want the headache of putting it and maintaining it ,the ac now needs servicing and he says forget what agreement we had in the past.. i must pay to fix it, i dont think its fair i spend money to repair something that isnt mine.its a survice im paying for and he said then he is evicting me when the month is up i have to leave.. i invested alot into fixing up the place also wit advertising .ive always paid my rent on time,can you pls tell me what rights i have in this situation? thanks in advance

    ReplyDelete
    Replies
    1. I cannot understand why a business person takes a store in a mall without a written agreement. Does that really make sense?

      You don't have anything in writing, so unfortunately you have no recourse. It's simply your word against his.

      I don't think business is for you.

      Delete
  19. HI we have renting on a piece of land for the past 40yrs without a written agreement. we pay on average $60 a year. However the landlady died and her children got control of the property. An add came out in the papers concerning leased lands must be renewed. My mum never filled out the form cuz she was of the assumption that this was not for her since and agreement was never in place. Because of the expiry of this add and the fact we never filled out a form the landlady's children wants to raise the fee to $4800 a year. Mind u the property has no proper drainage and the landlady never did anything to this land. COULD SHE JUST INCREASE HER RENT TO ANYTHING? IS THERE A AGENCY SET UP TO PROTECT PPL FROM THIS TYPE OF THING?

    ReplyDelete
    Replies
    1. The was a board in place, but it's no longer there.

      However, how I supposed to help you when you rent without an agreement? I don't understand why people do that craziness! And then you saw the ad and instead of confirming, you ignore it!?!?

      If you feel the rent is unfair, you can bring litigation... otherwise, as it stands, they can raise the rent.

      Delete
  20. Hi
    I have a house that my father gave to me as a gift, however he declined to remove the two non paying Guyanese people living in the house.
    What should I do to get them out?

    ReplyDelete
  21. hi my boyfriend's landlord called this morning and gave him notice to leave the same day because he don't believe in her religious beliefs what can he do about this

    ReplyDelete
  22. hi my boyfriend has been renting an apartment for the past three years now and suddenly his landlord called today and said he need to move out by tonight. what shall i tell him to do??

    ReplyDelete
  23. hi! I have an apartment, an i rent it out to a family member, i had done up a rental agreement without a lawyer, it was done for 1 year. but the tenant(family member) never keep the place clean, always drinking, an 1 of his friend drove a car into the house, breaking down a wall. so i did up an eviction notice by my self for 1 month, but he refuse to leave on the end of the month. I change the locks in the house, an told him he could come collect his stuff when ever he is ready. will i legally get into an trouble for that??

    ReplyDelete
  24. hi! I have an apartment, an i rent it out to a family member, i had done up a rental agreement without a lawyer, it was done for 1 year. but the tenant(family member) never keep the place clean, always drinking, an 1 of his friend drove a car into the house, breaking down a wall. so i did up an eviction notice by my self for 1 month, but he refuse to leave on the end of the month. I change the locks in the house, an told him he could come collect his stuff when ever he is ready. will i legally get into an trouble for that??

    ReplyDelete
  25. Hello,
    My family of 3 have been renting a 2 bedroom, upstairs apartment since 2009. We always pay our rent on time and never missed a month. The problem is: The Land Lady sold the property without giving us any sort of notice. Two months ago, the land lady contacted my husband and told him someone was interested in buying the property and if she decides to sell, she would be sure to give us a month's notice. However, no notice was given. The new owner of the Property advised us to not pay this month's rent since we paid a month in advance when we took the place. However, this land lady have been demanding we pay her the final month's rent even though we paid a month in advance at the beginning. Yesterday, the new owner told us we are expected to move out immediately since he wants to rent the place out commercially rather. According to him, he made his down payment 4 months ago and last month finalised everything whereby the deed etc. is in his name. He also stated as the new owner, he has no legal agreement with us. Do we have any rights in this matter? Please advise what can be done. We do need time to find somewhere good and convenient....
    Thank you!

    ReplyDelete
  26. hi i have a tenant but we only had a verbal agreement or rental occupancy....it is a one bedroom place and when she moved in it was only her that was to be living there. her sister died so she took her niece to live with her, i understood that and it was fine. now she has another person sharing rent with her. can i give her 3odays to vacate the property or can i increase the rent to double the amount cause she has someone else living there without my consent

    ReplyDelete
  27. we are paying our rent on or before time. We do have a one year lease and it been only six months. The Landlady came to us and asked what are problems are being experience. She noted and spoke to the manager. we the tennants received an email shortely after when she left the country, a message evicting the tenants, giving two months notice. Reason given that the complaints from the tennats "it seems as though major problems need to be done and it is not feasible for all the repairs being requested to be don at this time and the issues of bathroom tiles and supply of rain water seem to be hazadous to your health it is not feasible for me to do all the repairs requested at this time and so that all the tenants to vacate the property." the deposit minus costs neeed to repair any damages to the property will be refunded."

    We have observed that persons are coming to look at the apartments. Is this legal or what can be legally done.

    ReplyDelete
  28. Great Post people.

    I live abroad and had someone living in my place and they would pay a minimum stipend into my account. They have not paid for the last 6 months. I would like them to vacate, what are my rights. There is no written agreement or lease and the house is mortaged to a mortgaged company.

    ReplyDelete
    Replies
    1. Give notice, and if they don't leave, apply to the court to have them legally evicted.

      You may need someone to act on your behalf in Trinidad, so you may need to either appoint an agent (friend or family) or hire a Lawyer.

      Delete
  29. Hi,

    When I left Trinidad I had someone move into my house and they in turn would pay a monthly rent which is next to nothing. They have not paid for the past 6 months and I would like to evict them. What the the best way to go? There is no written agreement.

    I do not care about the money, I just want them out.

    ReplyDelete
  30. hi i have a family member living in my downstairs apartment he does not pay any rent however i asked him to pay the light bill recently he refused i disconnected the lights and would like him to move what are my options

    ReplyDelete
  31. Hello,

    We have been renting an apartment for almost a year. Unfortunately we fell behind on payments, and our landlord is threatening to change the locks without notice. Is this legal? From what I have read here, he must give us a notice of one month (our agreement is monthly).
    Thank you for your help.

    ReplyDelete
  32. Must a land lord purchase an illegal dwelling house from the so tenant, if he wants his property back.

    ReplyDelete
  33. Should a landowner pay for an illegal structured build by an illegal tenant.

    ReplyDelete
  34. Should a landlord pay for an illegal structure build by an illegal tenant.

    ReplyDelete
  35. HI
    I have been renting a house for the past five years and i have a lease with the owner which does not expire for another 8 months also i have never been in breach of the lease, i was given a 60 day eviction notice,and now i am being threatened by the landlord to still pay the rent and i quote "there is ways and means for me to get my rent from you" he said.

    Can he do this ? is this legal ? can i take legal action against him for this ?

    ReplyDelete
  36. Hi, I have been rentinga piece of land for the past 27years without a lease, now the landlady has raised the rent( No problem with that) however she has now requested that I sign a lease for one year to be rewnewed every year if she decides to, there is 2 domestic buildings on this land which was built with her permission, the majority of the (land 4 acres) is described as agricultural lands, which have noew become prime property if with a little development will bring in a good return, my question is can she refuse to renew the lease although I obey all the rules? Can she enter this land and take possession of all or part of it even though I have'nt done anything contrary to her wishes ? thanking you so much.... florie

    ReplyDelete
  37. My landlady has evicted me. I Payed the deposit and that was returned. I also payed the rent at the begin of the 30 days notice. Am i obligated to pay rent for the last month as i am being evicted?

    ReplyDelete
  38. Hello
    How do I evict a sibling from my parent house who is deceased. They do not pay and rent or bills.

    ReplyDelete
  39. if a tenant is in an apartment for alomst a year and a fixture (toilet) is broken. according to the landlords contract the tenant is stated to fix it. who should fix the fixture if the tenant doesn't want to fix but complaining that the landlord should?

    ReplyDelete
    Replies
    1. The Tenant only pays if he/she caused the damage. If it is normal wear & tear that caused the damage, it is the Landlord's responsibility.

      Delete
  40. what are the fixtures required in an apartment by law? (fixtures: toilet, sink, etc.)

    ReplyDelete
    Replies
    1. Whatever is necessary for the rental property to be habitable. Therefore, toilets, sinks and showers should be in every property.

      Delete
  41. Hi, I hope you are still answering questions. I have recently renewed a lease with a 2 month notice from my landlord. She does not live on the premises, though she has lied many times to try to make me believe that she does. She is extremely unpleasant. Her automatic gate malfunctioned and damaged my car and she refused to fix it (luckily my friend passed some chemical on my car and the mark disappeared). She has unplugged my dryer (which is plugged inside her house)so I cannot use it (and never admitted to it); never fixed a leak in the bathroom which is causing very low flow in water (WASA only send a couple days a week); tried to prevent me from parking and refused to answer any messages or phone calls about why she was doing it (I had to leave a letter asking her not to do so on the logs she placed to block me from parking). She has workers pounding on the other side of the apartment at early hours of the morning without giving any notice (for many weeks). One of her workers pounded the wall so hard that it put a hole on my side and messed up my couch and the kitchen. About four days later (with no word to me about it) she sent me a vague text the night before and came into the apartment with her workers without giving me the 24 hours notice that the lease stated. I want to leave here badly and not give any 2 months notice. Would I be able to do so or would I be forced to pay her 2 months rent upon leaving?

    ReplyDelete
  42. hi i have been renting an apartment for the last 3 years, my contract is expired and I have been asking for a reissue for sometime, my landlord indicated tonight that I need to vacate on jan 1st
    is this legal

    ReplyDelete
  43. Hi
    I have been renting a building for 5 years and the lease came to an end.However the landlord continued to collect rent after the lease ended for another month.then the following month evicted me without a court order.
    whats are my rights?

    ReplyDelete
    Replies
    1. A written lease is not necessary for renting. As long as the eviction was done legally (.i.e., sufficient notice), there are no rights to be had.

      Delete
    2. the eviction was not done legally.

      Delete
    3. that is what happen to me. what can i do?

      Delete
  44. NR
    Hi my parents have died and i cannot find the least agreement for the tenants who have being living on the premises for the past eleven yrs. The renters are very noisy,destructive and one of the sons uses drugs on a regular basis on the premises. I want to do some renovations and raise the rent, can i evict them without this least being present. please help these people are overbearing.

    ReplyDelete
  45. hi,
    i have a tenant for about 6 months now...i give her verbal notice infront a police officer because her husband threatened the life of my husband. we further give her notice in writing and she refuses and say that we have to give her a month free and give her back a cash deposit. she did not pay any rent ffor the current month as she is supposed to be using out her deposit.what can i do as i am asthmatic and she is threatening and being verbally abusive to me. i am also afraid of my husband and my life.

    ReplyDelete
  46. Hi, My family has been living in a two bedroom apartment for about 17years. Our rent has been five hundred at the time. Our landlord die a few years ago and his wife took over. She meet with us once introducing herself and told us her brother will be collecting our rent. they began adding on 100 dollars to the rent every year without any repair. Late last year they painted the building. Today he came to collect our rent and said that he was adding on 700.00 to our rent, can they do that? Mind u we live in a down stairs apartment close to the road and we have missing louvers due to rusty window panes and no bugler proof. What should we do?

    ReplyDelete
  47. hi,
    i have been renting for six months now. i have no written agreement with the landlady. two days ago, 28th January, she told me that the rent is being increased effective 1st February. can i give her notice that i am vacating effective 31st January although it is not a month's notice?

    ReplyDelete
  48. Hello, great blog, very informative.

    My mother gave me the family home since I was the only child living in Trinidad. So the deed is now in my name. My husband and I have rebuilt the house and purchased the land it is on. Now my mother has invited my older sister to live with her downstairs against my wishes. What can I do to get my sister out. She has been here for 3 months now and refuses to work. She spent 9 month here last year also against my wishes.

    HELP!! What can I do?

    ReplyDelete
  49. My sister and her two children have been living at my parents home for around 3 years. I presently live abroad and would be returning home sometime this year. The house legally belongs to me because it was given to me through a DEED OF GIFT. What is the procedure to get my sister and her children to leave?

    ReplyDelete
  50. I am renting an apartment for a couple years and after a while was unable to work due to an injury. After 6 months of not being able to find other employment and unable to pay rent, the landlord agreed to take my vehicle for compensation. the vehicle value was $25,000. They took the vehicle, damaged it, and now don't want to accept it as compensation. what are my rights? I do not have any rental contract.

    ReplyDelete
    Replies
    1. Is that vehicle agreement in writing? If not, can you prove by their actions that that was the agreement?

      Delete
  51. Hi
    I have someone on my property whom I allowed to put up a building,they agreed to pay a rent and demolish the building when they leave. They breached the contect by having excessive noise,obscene language and even illegal drugs. A lawyer advised me to tell him he has breach the contract and give him a certain amount of time to leave. If he doesn't then I have the right to demolish the property. My question is,do i need a letter from a lawyer or can I just tell the person they have to leave?

    ReplyDelete
    Replies
    1. Based on your description of the person and his engagement in illegal activity, for your safety, you should let the Lawyer deal with it. It should have more effect than a letter coming from yourself.

      Delete
  52. can a person who is not the owner evict you

    ReplyDelete
    Replies
    1. Only if he/she is on your lease as the owner's agent.

      Delete
  53. I am late on my rent by 2 weeks. The landlord sent a cell phone text that if i don't pay in 4 days time , he would send a baliff to change my locks and seize the contents of my apartment when I am not there . Is it legal for a baliff to enter my apartment when I am not there and seize the contents.

    ReplyDelete
    Replies
    1. No, a Bailiff cannot enter when you are not there. Even if a Bailiff comes to your door and you don't open to let him in, he cannot do anything. Your Landlord cannot change the locks unless he has given you an eviction notice in writing, giving you 30-45 days and you have refused to leave.

      Delete
  54. i have been renting a nightclub for the past four years the rent went up every year the only thing before the month is up i paid my rent a little late sometimes but with interest always now my contract is up and landlord told me he does not want to renue the contract and does not want to give me back my 20,000 dollars deposit and i have to vacate in two days because someone offered him more money for the premises what are my rights

    ReplyDelete
  55. i have a 2 year lease with my tenant and the lease is ending soon and i would not be renewing it, how much notice should i give my tenant to evacuate the house?

    ReplyDelete
  56. Let me rephrase my question,

    i have an illegal person living on my land he gone and built a house without my permission,
    i want back meh land .
    should i the landowner pay for the house he built when i gave him letters to seize building the said house.

    ReplyDelete
    Replies
    1. If someone is living illegally on your land, that is trespassing and you should get the court to make an order to have them removed.

      You don't have to pay for the house at all. You can have that house bulldozed if the court orders them to move.

      Delete
  57. My landlord has listed fines in the contract such as - having visitors after 12 midnight you will be fined $450.00 Is this legal to include fines in a contract?

    ReplyDelete
  58. hi . i have a tennent when she came in i made a verbal agreement sayin she has to be employed and the apartment is not to be use as a hotel and for the place to be kept clean...she has started to use the place as a hotel and she not employed at the moment 6 wks now....can i give her 1mth to leave and if she doesnt wantt o leave what can i do?

    ReplyDelete
    Replies
    1. Yes you can, but e-mail me for some further info.

      Delete
  59. Hello. Ive got a tenant that has not paid rent for three months. From the start every week she keeps promising to pay a lumpsum but she has not paid anything. I just want to cut my losses and get her out as soon as possible.
    Since I dont want back any money can I move out her things? Would this be legal? What is the legal action to take.

    ReplyDelete
    Replies
    1. Moving her belongings is an illegal eviction. You have to give her notice to leave.

      Delete
    2. Ok. But I gave her the contract when she moved in and she never signed it. So isnt she on the premises illegally?

      Delete
    3. That's your fault and no she's not there illegally because there is an implied lease by conduct.

      Delete
  60. Hey. Can you provide a proper eviction notice form and how it should be served? Also what is there to prove that an eviction notice was served.

    ReplyDelete
  61. if u decide to give a written notice of 30 days to leave do u still collect rent for that period? and do u have a eviction sample i can use...

    ReplyDelete
    Replies
    1. E-mail me for the eviction notice sample. Find the e-mail address in the about me section.

      Delete
  62. ok i emailed you.....guy post sayin not to be used as hotel...

    ReplyDelete
  63. If I am given a 2mths written notice to leave where I am renting do I still continue to pay rent for that period?

    ReplyDelete
  64. my landlord came and give a a writen notice to on the 14th of may tell me i got to 1 mth between 1st of june to 1st of july to vacate ...do i still pay for that june mth?

    ReplyDelete
    Replies
    1. If he's giving you a range of days, then you two need to agree on how much should be paid; i.e., a daily amount until you vacate the premises.

      But, yes, you have to pay rent up until the day you leave. If you pay for June, you'll have until June 30th to have EVERYTHING out of the apartment.

      Delete
  65. I have been renting an apartment for the past seven years. my landlord initially gave me a six-month lease however, when it expired she never bothered to renew it until January of this year for six months. at the beginning of this month, she gave me notice that she would not be renewing it. she is fully aware that I am constructing my own home and I would be leaving in about four months anyways. For the last year of my time living here, she has been very vindictive, for example, there is an open space without any window which I have continuously begged her about fixing, but she did not telling me to put linoleum to keep out the rain which floods my washroom every time rain falls. there is a leaking waste line coming from the toilet, when the PVC exits the house which I also asked her to fix. in turn she tells me to cut a soft drink bottle and catch the water and dispose of it in the bathroom until I leave. she denied me of putting cable while all the other tenants has cable courtesy her. she runs six apartments on one electricity meter and wants me to pay the largest portion of the light bill. she has never done any fixtures to the apartment when requested. do I have any rights?? if I wish to stay until my house is completed at the end of September, how do I go about doing that?? your advice would be greatly appreciated

    ReplyDelete
    Replies
    1. A Landlord can evict a tenant at anytime, so unfortunately, you can't force her to let you stay. If she is being unreasonable and unfair when it comes to repairs and bills, you can put that in writing making a formal complaint.

      Delete
  66. If a landlord gives notice and the tenant does not leave by the date which the notice is given, can she lock your door or put your things by the roadside with the assistance of a bailiff??

    ReplyDelete
    Replies
    1. Not unless a court order has been made for the tenant's immediate eviction.

      Delete
  67. My father died and left his property to me my brother lives down stairs and my father was in the process off having him evicted because he was breathing pit bulls on the compound but he died before it was done .My lawyer sent him a letter giving him notice to leave by a certain date and he have not moved he said to me I cannot move him or this dogs which are dangerous dogs and that we will go to court ,what can I do now ?Do I have to get a court order for him to to leave? I have a deed for the property on my name and he lives there free off charge but I told him I'm not paying the water or light bills ..

    ReplyDelete
    Replies
    1. Yes, you will need a court order, which will cost on average, $15,000. We can do this for a cheaper price, so let me know.

      Also, your writing is terrible, I usually delete stuff written with so many errors... next time I will delete it. Learn to use punctuation, and it's "'breeding' pitbulls."

      Delete
  68. I have tenants that refuses to leave my premise and have not paid rent for three months. I had given them a writing that they took to social welfare and they got payment for the four months but that they were here, it has been two years and they refuse to leave though matter how many letters of eviction notice I gave them. what can I do to remove them, I heard I have to take them to the High Court is that true.

    ReplyDelete
  69. I have a 2 year lease with a 1 month exit clause that reads
    "In the event that this agreement is terminated prior to the 2 year period, the tenant shall give the landlord one callender months notice in writing or pay to the landlord one month's rental in lieu thereof, and additionally be subject to the forfeiture of the security deposit paid hereunder."
    I gave my notice 29th July stating the move out date and deposit return on or before 31st august.
    The agent who is advising the landlord is telling me that I breached the lease by ending it before the 2 years and i am not going to get my deposit as it is at the discretion of the landlord.
    They are claiming the exit clause and "penalty" clause are included in that one clause . Plase advise me as I want to be clear thinking on move out day.

    The agent is advising the landlord and telling me that

    ReplyDelete
    Replies
    1. The deposit is ONLY to be used for damage done to the property or unpaid rent. Withholding a tenant's deposit for any other reason is illegal.

      Your Landlord is being ill-advised. What you need to do is write a letter, or my firm can draft this letter for you. Send me a private e-mail.

      Delete
  70. hello i have been living with my grandfather for the last 5 yrs but its his brothers land,we leave in an apartment next to the house,its family so we never paid any rent now they want me to leave bc my grandfather died,but i did all the renovation on the apartment new roof tiles on the floor,kitchen etc.. do they have to compensate me for everything ive done and can they just kick me out.what are my legal terms bc i have no where to go

    ReplyDelete
    Replies
    1. The law relating to this is estoppel. Send me a private e-mail.

      Delete
  71. Hi i am presently living on state land, i bought a 8x8 wooden structure in the land which i payed $20,000.00 at the time now i have rebuild that wooden structure into concrete, after i done that, the man that i bought it from his sister came an told me i have 1 week 2 leave, now they are serving me an eviction notice, could they evict me from the place, I've got all my bills etc, when i payed him at the time it was verbal between him an i, what im i to do now? Im there since 2008......

    ReplyDelete
    Replies
    1. If you bought the house, you're not a tenant, so you cannot be evicted. I would ignore the eviction notice and if anything goes further and you need a Lawyer, send me a private e-mail.

      Delete
  72. Hello,
    I'm a University student investigating whether the payment of Property tax can be used to claim adverse possession.

    ReplyDelete
  73. HI there, I have a commercial rental agreement for one year but I am over 6 months into the agreement and would like to terminate. My Contract requires 3 months notice to terminate the contract and Is this legal and enforceable? From what I understand, if my payments are monthly by law I should be able to give 30-45 days notice?

    ReplyDelete
    Replies
    1. If your contract says 3 months notice, then that is what it should be. If you do breach the contract by ending it early, be prepared to pay whatever damages the court may think appropriate, should it get that far.

      Delete
  74. If a person is squatting on a piece of land and then left the premises (abandon house, but the structure stays). Then the true owners of the land sold the land with the abandon property to a third party. Does the squatter have any legal right to prepare an eviction notice to the purchers of the land and have them evicted? RM

    ReplyDelete
    Replies
    1. Whatever "rights" the squatter may have acquired were relinquished when he/she left the property.

      Delete
  75. I inherited property from my parents, I recently surveyed the portion that I am on and found out the neighbor porch is on my property. The porch was erected one year ago. I told them about it and they said they spent a lot of money to erect it and they are willing to buy. What should I do?

    ReplyDelete
    Replies
    1. The choice is yours:
      1. Accept the offer to buy that portion of land that their porch is on
      2. Get a court order for them to remove the structure

      Delete
  76. When can a landlord raise his rent and what legislation governs such?

    ReplyDelete
    Replies
    1. The only law regarding this-- the Rent Restriction (Dwelling-houses) Act-- is outdated.
      The Rent Assessment Board is defunct.

      There is nothing governing this area. That's what happens when you live in a country where the politicians are focused on stupidness regarding each other, rather than issues affecting the people.

      Usually, a Landlord can raise his/her rent once a year and although there is no rule on the amount of increase, an unfair increase can result in litigation.

      Delete
  77. A rental lease for a commercial space has expired, however, the tenant has stayed on and continues paying rent on a monthy basis. How many months notice is the landlord required to give in the case of eviction and must there be reason on the part of the landlord?
    Thank you,
    Mr. R

    ReplyDelete
    Replies
    1. Commercial leases without a notice period usually require slightly more time than residential because of the complexities of moving a business. Usually it's 3 months.

      Delete
  78. My landlord evicted me and told me at the end of the month she will deduct for lights from my deposit. I usually pay for the lights because I have a meter for the apartment. I want my whole deposit because I have always paid my rent on time and my light bill. On the other hand the landlady have five water tanks and there is no water. There seven families in the yard, whenever you make a complaint she say blame WASA.

    ReplyDelete
    Replies
    1. Your Landlady can deduct all outstanding utility bills from your deposit.

      Delete
  79. Hi. My grand parent had permission to live on a piece if land till they die at the time I was living with them (I was 2 years old) they got wasa and light bills in there name. Now they both die and owner ship of the land has change and I have both bills in my name And it's been 27 years I'm living on the land. Do I have rights?

    ReplyDelete
    Replies
    1. Depends on how long you lived there after they died.

      Delete
    2. I have been living on the land 13 years after my grand parents died. Now the owner wants to sell the land and I'm getting first preference do I get to buy it at the old rates or the present rates?

      Delete
    3. You buy at whatever rate s/he wants to sell it for.

      Delete
  80. Hi,

    My father allowed a lady and her five children to live on his land and chattel house. It has been about 8 years and he has decided he wanted to make improvements. The "lady" has never paid rent. He asked the "lady" to leave and she took him to court claiming she made renovations to the home. The case was heard in court and she was awarded the house and my father remains the landowner. How is this possible??
    What can my father do now to have her vacate the land? Being she is residing on his land, can he now charge her land rent?

    ReplyDelete
    Replies
    1. He lost based on proprietary estoppel.

      He can possibly charge a land rent; I'm not familiar with the full facts. Why didn't he ask the Lawyer he used at court?

      Delete
  81. If i signed an agreement with a tenant, and certain particulars such as vacate notices are different to legal legislation, is that ok since it was an agreement

    ReplyDelete
    Replies
    1. If it's not an unfair contract term, it shouldn't be a problem.

      Delete
  82. My brother lives with my father and his girlfriend for the past five years and my father one them to leave what's the best way for him to get them out off the house

    ReplyDelete
    Replies
    1. Whose girlfriend, the father's or your brother's? And the father wants your brother (his son) to leave?

      Delete
  83. Good Day,
    I have been renting a shared apartment for the past three years which is the downstairs of the landlady's property. Upstairs is occupied by the landlady, her children, their two dogs and for the past year her nieces and mother have moved in. The landlady marketed the apartment as a place for students or people who are studying and working because it's quiet and there is a clause in the contract that requires the tenant to not make noise. In the past year or so one dog was moved downstairs which is in front of the apartment and there have been constant family gatherings and gatherings of her children friends downstairs and lots of noise because of that. I mentioned my concern for the noise on a few occasions and also for the new year they Bar-B-Que and the entire apartment was covered in ashes and filled with smoke after and I again mentioned my concern and asked if they can let me know in advance when they would have those type of gatherings so as to allow me to make other accommodations. at that point my landlady said it's her place and she can do as she please and i should live out my deposit (1 month's rent) and find somewhere else to go. I am not opposed to leaving but i am unsure that i would be able to find another apartment in that time. Can you please advise me as to my rights (i am aware of the basic UK rights but not our local law) and what legal options i have if i don't find another apartment before the month end.

    ReplyDelete
  84. hi i have a tenant that has not paid their rent for this month n their leave in month they have lived it out already i did not give them written notice to leave because everytime i go there they either not home or refuses to answer the door. i left a message with his uncle stating that he has to leave in three days. i went to the court n got a summons and he is not answering the phone nor the door. and apart from that he is disturbing the tenants by fighting every night with his girlfriends using obscenities.

    ReplyDelete
    Replies
    1. They must come out of the apartment at some point...

      Delete
  85. I have a tenant who paid a deposit and 1 months rent with the agreement from the 15th of every month. He chose not to move in but he has appliances and furniture in the house. He has breached our agreement by not using the alarm system and leaving the premises unlocked. I gave him 1 weeks notice to vacate. He wants back his months rent because he says he did not move in. I advised him he has the keys he cannot get back his rent but I would refund the deposit after I have checked for damages. Am I within my rights as a landlord?

    ReplyDelete
    Replies
    1. You've definitely followed the right procedure. Well done.

      Delete
  86. Hi, is there a law that protects the eviction of a single parent and child under 10 years old?

    ReplyDelete
    Replies
    1. No. If you're getting evicted for a valid reason and it's being done legally, you can't do anything about it.

      Delete
  87. I am the owner of a piece of land that i just won in court, the tenant went and built a house on the property, i got that as well, i gave him six months to move,
    my question is can he demolish the structure as it was part of the settlement.

    ReplyDelete
    Replies
    1. If the property forms part of the judgement, he cannot demolish it.

      Delete
  88. What is The doctrine of self help ?l

    ReplyDelete
  89. I saw two reference made that eviction can only happen through the Court. Is there any other process e.g. Police and State Legal unit? And what is "agreement" based on the Laws of Trinidad?

    ReplyDelete
    Replies
    1. Eviction can only happen through the Court if the tenant refuses to move. The police/bailiff or anyone else claiming to have powers cannot remove anyone.

      Delete
  90. can a baliff seize all yr furniture, car etc?

    ReplyDelete
  91. Goodmorning. I am renting a two house to a man. we did not get a lease but whenever he pays I give him a receipt but he has not paid for 3 months. what can I do to Get him to vacate my house.

    ReplyDelete
  92. My mother who is sick and has cancer lives with me. She may die anytime now. My tenancy contract expired over 2 years ago, however I continue to occupy, and pay my rent for my apartment. The ambulance came to take my mom to the hospital last week, and my landlord who lives next door realised that my mom was critically ill and may die. When my mom came out of the hospital this past weekend, my land lord asked me to move out my mother since he did not want her to die there. If I don't, he has threatened to give me notice to move out. What can I do? I feel helpless as I do not have anywhere else to put my mother, and she may in fact die over the next few days. Please tell me what rights if any do I have?

    ReplyDelete
    Replies
    1. That's heartless!

      An eviction notice doesn't mean you have to move. Ignore it and stay... he needs a court order to evict you otherwise.

      Delete
  93. Hi my in-laws family have been renting a piece of land for the last 53 yrs or so. My mother in law occupied a lot and has been living and paying rent for her portion for about 25 yrs. They have been asking the owner to purchase for a couple of years now, but he kept stalling. He recently showed up and said he would like to sell now, but the land has gotten Town and country approval (was agricultural land) and would like to sell it at that price now ($75 a square foot). I would like to know if they can do that?

    ReplyDelete
    Replies
    1. He could sell for any price he chooses.

      Delete
  94. If we can't afford the price he quoted what are our options?

    ReplyDelete
  95. but do we have to pay the full price or isn't it the law that we have to pay half the market value for the property?

    ReplyDelete
  96. Hello, I live in the Uk and my mother lives in Trinidad with my brother. She wants him to move out as he does not pay any bills. He also has custody of his seven year old daughter. How can she go about evicting him? Can the land be put on my name so I can evict him?( I was born in Trinidad). I am planning on visiting this year how can I best proceed on this matter? The land was given to my mother by her grand parents. Many thanks for your reply.

    ReplyDelete
    Replies
    1. He is considered an excluded occupier, and not really a tenant, because he doesn't pay rent.

      She needs to give him written notice to leave (30 days is sufficient) and if he doesn't, then she can get a court order to get him out. You can always send me a private e-mail for more details or assistance.

      Delete
  97. Good day! As owner/Landlord of a property with a rental lease with a company for staff to occupy I require some assistance about termination.

    The company gave a notice of intention to not renew the said lease and a date they will vacate the premises. However, their notice came in after the initial lease end date. The lease has two clauses catering to ending the lease.
    1) "If a Tenant shall be desirous of renting the Demised Premises for a further period of one (1) year less one day (hereinafter called "the Renewed Term" from the expiration of the term of the tenancy hereby granted at the rent and on the terms and conditions hereinafter mentioned and shall at least twenty-eight (28) days before expiration of the Initial Term give to the Landlord notice in writing of such desire..."

    2) The other refers to the months required to give notice when intending to terminate the lease, which in our lease is two (2) months.

    We have always been advised by real estate agents the initial lease always supersedes; and with the notice being received late along with receiving the current rent later and after the notice (I.e. receiving both the notice and rent late), we felt they were in breach of the contract, where the initial terms and conditions still are applied even after the initial lease-end date has expired.

    The problem I have is they are saying by law to terminate a periodic tenancy, a tenant is to give a landlord at least 21 days notice in writing of its intention to bring the periodic tenancy to an end. So they refuse to accept they have an extra month due.

    Are they accurate? If so, then how is any Landlord to be protected?

    ReplyDelete
    Replies
    1. 21 days is not true. Subject to agreement, periodic tenancies can be terminated by the form of the tenancy; in most cases, this is measured by the frequency of payments, i.e., monthly, weekly, yearly, etc.

      In your case, there was an agreement to the contrary, which asked for 2 months, so the contract was breached and I would assume that they paid a deposit and you would therefore be keeping that.

      Delete
  98. There is a clause for the deposit not to be used as the last month's rent. This they have acknowledged.

    ReplyDelete
    Replies
    1. When a contract is breached, nothing in it remains valid.

      Delete
  99. What are the legal steps and timelines in the eviction of a tenant. Also, if the tenant refuses to move out, what are my legal options

    N.B: Rent is paid monthly

    ReplyDelete
    Replies
    1. If after 1 months notice is given to the tenant to leave and s/he refuses to leave before that time expires, your next option is get a court order, for which you would need a Lawyer.

      Delete
  100. If my rental agreement between landlord/tenant has minor to moderate differences to the law, will that be ok if i ever need to use it in any legal situations. It was discussed and signed by the tenant

    ReplyDelete
  101. Hi,

    I have signed a 1 year rental contract. 6 weeks into my lease the Landlady contacts me via telephone to let me know that they have put the property up for sale. I received a text message from her stating that a prospect would like to view the house the next day at 5pm and if I was unavailable, she would "let herself in". I responded to her via email (to keep a paper trail) that I was not comfortable with that arrangement and that I do not want her and strangers entering my apartment without my consent or without me being present. What are my rights in a situation like this? we pay our rent on time, we have never breached our contract. She is now making false accusations that we are operating a business out the apartment because my husband has 4 palettes in the living that we are going to use to make furniture. She also states that having the palettes there is a breach of our contract because she does not like it and is telling me I have a certain amt of time to make the furniture or there will be a problem.

    ReplyDelete
    Replies
    1. If your landlord goes in even if you have said ‘no’ this will be a breach of the ‘covenant of quiet enjoyment’ and be classed as harassment.

      It would also be harassment if the landlord wants to have viewings too often. No one wants strangers in and out of their home on a regular basis.

      Your landlord cannot evict you because she wants to sell, especially since it was only 6 weeks ago.

      The pallet thing I don't understand, but make sure you don't breach any terms of your lease.

      Delete
  102. I do apologise for the lenght of this but i wish to paint an accurate picture for your best advice

    I recently told my friend about an apartment for rent - in the building in which i am also a tenant - that was about 3months ago....now here are the issues

    1. the landlord told her she could move in immediately, so she packed up and left home - they were to complete works on the apartment within about 1 week it took a month - she had to pay rent for this

    2. although the lease stated she was to pay 1st and last - it is her ist time renting - she misunderstood and made a verbal agreement to address the situation

    3. On Monday - the difference owed was to be paid - but instead of my landlord calling to find out what the problem was if there was any - he called yelling - she decided to demand respect, and told him he can call her back when he was ready to apologise, and hung up on him. Subsequent to that - and on the same day, she placed the amount due into the drop box as required and then proceed to try to contact him - to notify him that such and such was done. He did not answer

    4. Last night she came home to padlocked doors - of course because of the late hour she broke the lock -

    5. Left her apartment this morning - and the landlord returned with a police officer friend, to replace the paddlock - a neighbour called to let her know what was going on

    6. She in turn called me - and I advised her to make a police report - and ask the police to accompany her home - which they did

    7. In the presence of the officer - the landlord was utterly disrespectful - opened the dropped box and found all his monies as was agreed.

    8. However, he still demanded that she leave his premises - to which the officer informed him that in order for her to so do he must follow the correct procedure for eviction.

    I think that this is unfair to my friend - is there any course of action that she can now take - against my landlord - as I believe locking her doors was highly risky - especially since she had her 4 yr old nephew with her.....

    ReplyDelete
    Replies
    1. The last police officer is right; if he wants her to leave, he has to give her a month's eviction notice.

      He cannot padlock the doors, is he mad?

      Delete
  103. Here are my concerns

    1. If I was given a lease in the 1st yr and it has since expired....and I have no current lease...what agreement now governs my rental of the apartment in which I reside

    2. This is the 2nd time that I have made a verbal agreement with my landlord - to pay off my arrears under certain terms and period and before the period agreed upon is over he writes me a letter demanding payment within a 10day period.....since I did not put this verbal agreement in writing do i have any redress now?

    3. I like my apartment - but my landlord is constantly doing things to breach this peace that i should be enjoying whilst i reside here.....now whilst moving is an option - Is there any protection for tenants in this situation

    ReplyDelete
    Replies
    1. 1. The terms in the original lease remains valid, despite it being expired. The only difference is that the lease is now a month-to-month lease.

      2. Put it in writing.

      3. Constructive eviction is an option, but it has to be a major breach.

      Delete
  104. Hi I am landlord the lease had up one year and half ago.I have told the person that the house needed to be repair, since November of last year. Every month he said he would move out. The mistake I made was not to give him and eviction notice. I did not take this months rent because I want him to move out to start work on the house. What are my rights

    ReplyDelete
  105. Can you evict someone if he agreed to move out verbally. For the past 4 months I have told him to move out and he agree. He have already located and pay for another apartment, when I ask if if he will be moving out this month he said dont rush him. I have not taken this month's rent. What am I to do now. I have a contractor waiting to start work on the house on from the 1st August.

    ReplyDelete
    Replies
    1. Why're you making your tenant bully you? You should've given proper eviction notice in writing. I don't understand why so many Trinbagonians believe in verbal agreements.

      If he's already paid, then I would assume he'll be moving out this week. However, I would still give an eviction notice, giving 30 days to move, just in case the talk about payment for another place was a lie.

      Not sure why you didn't take rent for the month... a deposit is for damages, not the last month's rent.

      Delete
  106. Hi, my granddaughter and her husband have been living with me for about 14 years with their 2 children. My granddaughter and her husband stays in a room while the children would sleeps with me. My granddaughter and her husband have been verbally abusing me and cursing me. Last year, they had cursed me so bad, I couldn't take it anymore as I am a 70 year old sickly lady. So i asked them to leave the house and they refused to, so I called the police. The police did nothing and told me i will have me to take them to court. After an entire year of taking the matter to court, the court tells me they cannot help me and I have to put them out myself. I have tried that before that is why the police told me to take them to court as the police didn't tell them to leave. The court of Trinidad and Tobago, said I will have to put them out myself. How do I go about doing this, if the tell me they will not leave and the police is no help? ps. they have not verbally abused me since taking them to court, however I still feel uncomfortable with them being in my house. I want them out!

    ReplyDelete
    Replies
    1. Send me a private e-mail. I have a suggestion.

      Delete
  107. what are my rights as a landlord if my tenant has not paid rent for the past 5 months, is not staying in the apartment (the apartment is vacant) but he has retained the keys and left all his furniture in the apartment.

    ReplyDelete
    Replies
    1. Provided that you have proof that you've made attempts to contact him... change the locks and throw away his furniture. That is considered abandonment.

      Delete
  108. Hi. Great Blog! A Regional Health Authority is vested with a parcel of land (from the Govt of TT). Recently, an unknown individual constructed a plywood shack on the land. What is the process to get remove this individual from said land?

    Thanks in advance for your response.

    ReplyDelete
  109. Hi, my brother rented this place to a woman on the 20/7/2014, within a few days she started to complain about the place. He told her that its not going to work out ad she has until the 31/7/2014 to leave. No contract was signed.She came and asked for her deposit. Said she found a place and he gave her her money back. She never left. Within all this time she has been threatening my brother and his family. Throwing words at them. He has rheumatoid arthritis and cannot walk properly. Many reports were made at the police station but sometimes we feel they are on her side. He has gotten a lawyer, who wrote asking her to leave the premises within 14 days until 22/8/14. In the mean while she still makes threats and throw words at us when we visit. He's considered his options of going to court or getting a bailiff to evict her. The court takes so long. My brother attempted suicide when all this began. He feels so helpless now that he is physically challenged. What we understand the bailiff can put her out without a court order. we feel that this woman is a con artist who goes around looking to see where she can get free rent. After this began we found out that she was on the Ian Alleyne Show, concerning a same incident in Couva. One of the police officers said she was evicted in Arima and now she's here in Tunapuna. She even went on Ian Alleyne about him. it's such a sad situation. We just want that woman out of there. People be careful who you rent to. Sorry that this is long but i'm worried for my brother.

    ReplyDelete
    Replies
    1. I'm not sure who told you that a Bailiff can evict without a court order, but that is absolutely erroneous and is a BLATANT breach of s.10 of the Bailiff Act 2000, as amended.

      The police would not get involved because the police deal with criminal matters; this is civil.

      I have a suggestion, but you would have to send me a private e-mail.

      Delete
  110. These answers are very informative

    ReplyDelete
  111. Thank you for your response to my email re: Regional Health Authority! How much time do you specify in the notice to quit to the trespasser/illegal occupant?

    ReplyDelete
    Replies
    1. For a more permanent structure, I would've said 2-3 months, but for something wooden, I would say 30-45 days is enough.

      Delete

Thank you for commenting.

“Knowledge, like air, is vital to life. Like air, no one should be denied it."