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.
Hi quick question: If I'm renting a place at $1500 a month, do the landlords have the right to tell me "if I'm to have my boyfriend over I'll need to pay an extra $500 and he won't be permitted to sleep or night over on the premises"? Do i have any privacy rights concerning this issue?
ReplyDeleteAfter been advised not legally from other people, I had a talk with my landlords and strictly told them that I'm not going to pay and extra $500 and i would still like to have my boyfriend over to visit me they agreed after much persistence and discussions. However, they still stick to the idea that he must not sleep over but their saying that he can visit and stay over the entire day if he wants to but cannot sleep or night over.
My question is what is the big difference if he stays during the day or night he currently works long hours hence the only time I would get to see him is at nights...wouldn't it be the same if he comes during the day and sleep over. I'll like to know if I have any rights concerning this matter and how should i go about resolving this problem in a peaceful manner.
As long as it's not a illegal, a landlord can place any restrictions on a tenant.
DeleteIf you're unhappy with his terms, your only option would be to move.
1st
ReplyDeleteVery informative Blog, keep up the good work!
2nd
I have been renting a property for almost 20 years, the owners live abroad and any repairs necessary for the property are managed by me at no cost to the landlord, however, every 5 years or so they visit and raise the rent which bugs me a bit since, I get that the property has increased in value over time but, the true value is as a result of repairs paid for by me.
4 years since the last rental increase, I got a visit yesterday with them wanting to raise the rent again.
In the last 4 years I have completed electrical repairs, tiling, refurbished the bathroom and installed a motorised gate all pre-approved work.
The Landlord has said that when he decides to sell, I will get first offer, hence my flexibility with the repairs, however, I have nothing in writing, I have invested quite a bit of money and the request for rental increase feels a bit unfair.
1) Is there anything I can put in place to cover myself for the money already spent and any more in the future
2) Is there any agreement I can put in place to guarantee my being given first offer?
3) What percentage annual rental increase is considered to be fair if no improvements have been made to a property?
I never understand why some many Trinbagonians do money transactions and agreements without paperwork.
DeleteLuckily for you, all is not lost; you enjoy rights under proprietary estoppel: http://trinidadandtobagolegalrights.blogspot.com/2013/12/land-law-proprietary-promisory-estoppel.html
1. Save your receipts, always take pictures before and after all repairs.
2. You can, but will the Landlord be willing to sign? How're even sure they'll ever sell?
3. No law on this, but it must be "fair and reasonable".
Unfortunately, my best advice to you would be to find somewhere else.
DeleteThis has nothing to do with proprietary estoppel... more adverse possession, but it depends on how long they've been there.
ReplyDeleteGood day.....recently I allowed an in -law of mine a room in our home ...she is seeing a bit of personal problems. ..and being a good person I allowed her to stay. ...she brought nothing with her when she moved in...she uses everything I have...and she pays no rent or bills.....the problem arises when I told her to leave...she reminded me that the land that our house is on belongs to her mother...so the house belongs to us and the land is her mothers...she has nothing on it....how do I get her to leave.
ReplyDeleteLegal - Court
DeleteAlternate option- send me an e-mail.
Can a landlord forbid you from conducting religious ceremonies in your apartment once it doesn't hamper anybody?
ReplyDeleteSection 4(h) of the Constitution says no.
Deletei have been in occupation of 2 lots of rented lands for in excess of 40 years.........the owners are all deceased and as such no rent has been paid/collected since 1989. What can be done to acquire rights to the land?
ReplyDeleteAdverse possession.
DeleteSend me a private e-mail.
I am rent my a landlord and we sign a contract but no where in it state how long it last for and now I want to move and he tell me that the contract was for a 1year and if I move before that I can't get back my deposit what can I do.
ReplyDeleteHe can't do that... it is automatically a month-to-month tenancy and therefore with a month's notice, you can move.
DeleteHi i was rented a place by man for a bar i didn't pay my rent for the month of April so i told him i was sick and i will pay him for it may month he said no i want my money..... I told him i didn't open the bar i was in the hospital how could i pay you the 6th of may he took it upon his own hands and lock me out of the bar...... And from since that there is still a lock on the bar gate..... All my stock expired in the refrigerator,he send a consultant to talk to us the consulatant said move out your TV and refrigerator and pay one months rent and call that George and we spent over 50 thousand in that bar toilet tile work carpentry work the works is that Justice......
ReplyDeleteI don't understand the role of the "consultant"...
DeleteYou could try taking him to court, but it would depend on how many receipts you still have.
I have all my receipts bills pictures of before and after the place was fix
DeleteSend me a private e-mail... under "About me" section.
DeleteHello Great Blog. We rented an apartment in August then a couple of days ago a friend offered us an opportunity to purchase their home at a price that we could afford. However our rental of the present apartment is without a lease. How much notice do we give our landlord? We would like to move at the end of the month. We also paid a security deposit.
ReplyDeleteNotice until month end may be sufficient... he will have over two weeks to find someone.
DeleteHello, Wonderful and Interesting Blog
ReplyDeleteI have been Renting a house for last 7 years. Earlier this year, the landlady decided to turn the home into apartments. She did so by showing up one day and informing me and then started work in the next week. I lived in the House for 7 years, and therefore I had belongings in Different Rooms. The work began in the house, and I tried to be understanding but a lot of my property was damaged or destroyed, Further more, she increased the rent while doing this! Workers were present unsupervised at the home when I was at work, I came home many occasions to see them sitting of my sofa watching tv. I was a waken one morning with banging on bedroom door to be told I had to move from the room as they were going to work in there now. I was appalled because I was never informed of where they were working and what to do. One day, I came home to find they had entered my brothers room with out informing either of us, and started busting the wall to put pipe. Then then blocked off the entrance to my bedroom so I had to enter from different exit which was separated from the bathroom. I had to urinate in a bucket. I had lost my marbles by then! I still tolerated this and eventually, the work was completed. I now have a small rat hole apartment in the back of the house with only one entrance and increased rent. There is no wash area for any tenants. I have my washing machine in the entry way to my apartment, because there is one sink there and I can hang my clothes in front the door as it is covered, She now wants to make where my entrance is a Wash Area for all tenants with the ONE sink. So Tenants will be in front my door for washing, Please advise me if this is right...or wrong...and what actions can I take! There is a perfectly good Area at the side of the house that is ideal for a wash area and will not be in anyones way. I am fed up, and the next move I would make is to my own home. I am trying to avoid moving to rent again! Please Please, what can be done. Is there not law to protect renters. We are people too and are really being taken advantage off. Also, on the premises are my two tanks I bought because there was water problem. These people hook up my tank to run water to all apartments. I also bought the kitchen sink and maintained the property while I lived there. The house was dilapidated when I moved in so I did some fixer upers. The landlady lives away, I only saw her this year for the first time. I paid the rent to her brother and care take of the property… who passed away January this year hence the inconvenience I face now.
If you don't like where you live, your only option would be to move.
DeleteHello, i have been living @ this address since i born, this is my grandparents place, i'm 46 yrs old, they left the house to my uncle who live in Canada for 44yrs, ater they died, i have been here paying bills and maintaing the premises for the pass 15 yrs after my grandparent died in full, the house has 2 apts. which was vacant since 2011, i, did some repairs to them & rented them in Dec. 2013, 1 tenant stay for 9mths and the other is making 1yr, 1mth today, & the rent is what i am using to maintaing the premises since 2013, i had nothing to do with the rent and premises b4, all i did was assist with bills & food, and all the old things in the house get rid of them and upgraded the home, cause i'm a working mother with two children, now after all of this my uncle has given my brother in law who is an police officer P.O.A. which had to be recently and with that i got a phone call 15/01/15 giving me orders to leave the premises by 28/2/15, can u tell me plz what shoul i do cause things don't happen overnight, & yes as the people would say b4 i heard in the pipelines about 6-8 months ago, i had to leave cause they find the place was to big for me to stay in, in the first place, so i already started to put things in place but things don't happen overnight, plz i need to know alot urgently thank you
ReplyDeletei have a rent contract that end in February. The land lord came yesterday saying that i have till then to leave (5 days). Is that legal.
ReplyDeleteCan you tell me what the legal time for me to leave?
Thanks in advance for your kind answer.
5 days is ridiculous. You have 30 days.
DeleteMy boyfriend moved in with me over a year now. He has become very violent and refuses to leave. I've begged numerous times, been to the police numerous times and he says he is not leaving because the room he rented before he came to live with me is already occupied. He gets more violent when I mention court and says that he will not appear in court and will harm me more if I go that way to evict him. What should I do?
ReplyDeleteWhich police station have you made this report to?
DeleteHi I have an issue with my landlord and require some legal advice ASAP. December 2015 my then fiance ( now husband) and I rented an unfurnished apt for $3500 from a woman purporting to be a Pastor and Businesswoman. We signed an agreement in which it was stated that utilities were not our concern, and the apt came with hot/cold water, AC and internet and she also threw in a bed and stove. Since we were preparing for our wedding we hardly stayed in the apt and by middle of December no one was there until the beginning of January 2015. Additionally we were not there for one week in January( for the wedding). The toilet was leaking from day one and the hot water never worked. The AC was hardly being used and that started to go bad. We informed her about the leaking toilet and the hot water issue and she told us she would get someone. By beginning of February 2015, the AC stopped working and we informed her of that as well. She brought in a plumber who fixed the toilet, but the hot water still did not work. When she got the technician to come look at the AC, which was the week after Carnival, he informed us that it was a voltage issue and that the AC needed to be replaced. He also told her the same thing and she said SHE WOULD BUY A NEW ONE. By the end of February our landlord calls to tell us that her electricity has gone up because we are leaving on the outside light ( two energy saving bulbs) on all night. However, no mention was made of us having to pay that. All these ridiculous acts made us look to find a place and we found on on Feb. 28th. and decided that we were going to move immediately. We decided not to pay the rent, since a deposit of $3500 was given already that would cover any outstanding debts or rent we owed her. We informed her on 2nd March that we were moving and she stated that we needed to go by the tenets of the contract of one month's notice ( note this is NOT WRITTEN IN THE CONTRACT). Today (04/03/2015) she calls to say we owe her on the electricity bill the amount of $700 and that we need to buy her a new AC as well, since the technician informed her that the problem was our fault. So I need to know what legal rights if any does she have to gain this money from us and what can we do at this stage? Note her contract also states that anything the Landlord says is not taken as being binding unless it is written...
ReplyDeleteThanks for the advice.
If you paid in full for a plot of land at an agreed price from the original owner but then they decide to withhold the deed because they believe the land was undersold and request more money which was not paid. You maintained the land for a number of years and now in the process of building a concrete structure only to find out the land was resold a few years ago without your knowledge. How do you proceed?
ReplyDeleteGet a Lawyer and sue him.
DeleteHi... can a older sister (close to age 50) evict younger brother who has been living in the same house with her for 40 something years and said brother has two children under the age of 18 and has a common law relationship with their mother? This sister has made false accusations against her brother...
ReplyDeleteIs this possible for her to evict him because both his children, partner and himself will have no way to live?
If she owns the house, she can evict him.
DeleteIs it correct for a tenant to have continuous overnight guests even though the apartment..studio..was rented as single tenancy, no sharing or subletting? I am concerned as I indicated to the tenant before that there are no guests allowed to overnight as though they were living there. Also, no one is to occupy the apartment when they are not there. When interviewing for the place, they told be that they would not always be there and that only their child may overnight and the occasional overnighting of their grandchildren. I am concerned as I am now seeing other people there overnighting on a regular basis.
ReplyDeleteDon't you have a lease with that in writing? If you're unhappy with what your tenants are doing, eviction is an option.
DeleteMy husband died intestate. I filed for letters of administration. Documents were submitted and I am awaiting a response from the court. After my husband died, I allowed a grandaughter to stay in a house which my family occupied on weekends. I have asked her to leave but she has not complied. What course of action can I take to get her out.
ReplyDeleteDepends under what circumstances she lives there. Tenant or Licensee?
DeleteShe pays no rent. Licensee. I guess. She has changed the locks on the doors and at the moment I cannot enter the house without breaking the locks.She was given permission to stay in one bedroom.as the house was being taken care of by a couple who occupied one bedroom. This couple has since moved out
DeleteLicensee. I guess.she pays no rent. The house was being taken care of by a couple who occupied one of four bedrooms. This couple moved out leaving her alone in the house. I asked her to leave. She left but her belongings were inside and she returned and removed my locks replacing them with hers so now I have no access to the house. I reported this to the police who say it's a family matter and they cannot intervene.
DeleteThere's a legal and an illegal way to handle this. One involves court, the other involves breaking the locks and throwing the stuff out (without damaging or losing it).
DeleteHello I am looking for some expert advice. I am the owner of a townhouse which I have been renting to a couple. We signed a lease agreement for a 2 year period starting October 2014. We were living abroad but have been repatriated one week ago. I called to kindly let him know we have returned I am aware that they have a 2 year lease and we would be willing to rent an apt for ourselves to give them as much time to organise themselves as we understand it is an inconvenience. And we are SORRY. The lease agreement states that the tenant can give 2 months notice to leave without losing their deposit. But it doesn't state that the landlord has any rights to get out of the lease. Is this something that is implied even though it is not stated explicitly in the contract? The tenant has told me that the lease is for 2 years and I am causing grave upheaval to their lives ...which I understand but these things happen. And I told him we would even give him 3-6 months to leave. I haven't sent a formal letter because I don't know what to include or if he is right.
ReplyDeleteIs this still active
ReplyDeleteHi. I wanted to know whether it is legal for my landlord to withhold repayment of my rent deposit. My lease has a clause that if i leave before 1 year I would forfeit, I have been at the apartment for 18 months and gave him notice. I assumed the clause meant I had to say the entire first year but the second agreement had the same clause.
ReplyDeleteIt's not legal.
DeleteHi,
ReplyDeleteMy mother past when my brother and I was 5 and 9 years old respectively, under the supervision of my uncle (land lord). Today I am 21 years old and my family and I would like to move back into our home that have been rented for this long period of time. I have been in contact with my uncle however he has been telling me one story and the tenant another and no eviction notice has been given. Can I give the tenants an eviction notice? My mother's and Grandmother's name is on the deed.
Hi good day I have be renting this place for two years now monthly payment no least or agreement was sign and made and when i pay the last rent to which make two years the landlady refuse to give me my recite. collect the rent and tell me that I have to leave at the end of the month. she is not the owner of the property the property is a family house and she is married to one of the brother and she collects the rent from day 1. she told me i have to leave month end. I will like to know what can i do and if she has the rights to do that even DOD she is not the owner of the house
ReplyDeletehi
ReplyDeleteMy family has been renting from the same person for about 20 or more years. The landlord recently died and his sister took over. We have a lease agreement with the deceased landlord. In the middle of the month they told my mother that the rent will be increasing as well as she would have to pay half the water bill.
Does the terms and conditions of the lease become null and void upon the landlords death which would give them right to increase the rent and do tenants pay water bill?
A landlord can increase the rent as s/he desires... there are no laws protecting tenants. If you don't like where you live... move.
DeleteHi, I hope you can help me. I have been renting for the past four months, my husband and I sign a lease for a year and if I move out before the year we will not get back our deposit. However, since moving in the owner had one dog (a pitbull), which he did not clean up after. During our time here, the owner now have 8 dogs which means more crap. The next problem is that the owner or girlfriend turns of our water supply, the owner, his brother and friends smoke marijuana on the compound, poor drainage. There is other problems but the point is he broke the agreement is there any grounds for me to get back my deposit or just give 30 days notice and leave. If there is grounds, how do I go about it
ReplyDeleteIf someone is being evicted and has 3 months to move, within those 3 months should the tenants pay rent for the 3 months while in the process of moving?
ReplyDeleteIf the tenant wishes to leave after signing contract and paid a downpayment and has not occupied the premise.On the 5th day we notified the landlord. Is there a law that states that we have the right to change our mind giving notice under a week time. And is there a way we can prevent this from reaching to the court.
ReplyDeleteHi.my neighbour is 71 years old and her husband died 2 almost 3 weeks ago.they lived at their current location for over 15 years in a big 3 bedroom apt.no agreement papers was presented or any security deposits.since her husband died .her niece comes 2 days for the week to clean up n takecare of her sleeps over n leaves.the landlord saw her niece smokin a cigerette and told the tentant she has to evit within this month just so without any further warning.then the next day called police for the tentant and the police told the tentant to leave the premises in 2 days.which will be tommorrow.the tentant already paid for setember month and october months rent.always a month ahead of her rent.we would like some advice about our legal rights in this matter please.no court notice was given and the tentant had already planned to move out at d end of the month to a smaller apt.so the landlord had agreed to return october rent money.but the landlord wants her out by trm because of the tentant neice smoking OUTSIDE the apt
ReplyDeleteHi, I have a tenant that has not paid rent in three months. Rent is due monthly. What is the process to evict the tenant? Do I simply write a letter to the tenant indicating they have to leave in 30 days? Or is there a special form I need to fill out and serve the tenant with?
ReplyDeleteI rented an apartment in Tunapuna, made payment and moved in. My landlord would have given me a lease agreement to sign but, in all honesty people, I couldn't sign that because the lease had so many errors.
ReplyDeleteSo, I told the uneducated, cheap Herelal to stop pasting template contracts off the internet. As it would be better to have a document drawn up by professional legal counsel. Long story short, it has been 4 years and he is yet to get back to me with the revised lease.
So I asked that cheap bastard, when am I going to get the revised lease. He told me that I would have to give him the money to go to the lawyer.
Hi, i have been staying at my aunt house for more than 10 years now rent free, she came and served me a letter on January 10th with the heading 'Notice To Quit', which states that i have until or before February 1st 2017 to leave the premises. Is it normal to give such notice?
ReplyDeleteProbably should have given you more time, but you're not a tenant, you're a licensee, so rights don't exist. You clearly pissed your aunt off man... make sure you apologise before you leave.
DeleteHey , Good Day !
ReplyDeleteI am in a court matter with my aunt and she has produced documents where she got the deed onto her name . A little explanation about the land is my grandfather made a will stating the land to his three children . However my dad and uncle passed so she was left the last sole survivor . With that being said i lived on the land (home) for the last 27 years . Born and grew here and my mom has been here for almost 30 years .
Recently she sent a lawyers letter stating we have three months to come of the land and that she has all documents to prove she is the right owner . Is there any thing my mom and myself can do about this matter . Can we claim Adverse Possession?
Hi good morning I have been living in this app for the past 8mths the person that rented me the place claimed to be the caretaker when went to pay the first mth rent and security down pay he told me he has a few more fixes to do which included the roof that is leaking the face sink and hot cold to install and 2 missing glass in the window so I paid him the 4000 early before I move in so that he can get these repairs done mind you I don't have a lease because the time had come for me to move from where I was living I had to move in but of all the repairs that I need to complete to move in was the roof (it's concret roof) mind you I paid that money 2wks before moving when I came to move in he said the roof was fix and the other fixers he was going to come that said wkend and do it when rain started to fall that when all he'll break loose cause the roof leaks he came on 2 occasion and try to give me some cheap work but he only comes in time for rent mind you if you need him anytime in the mth he doesn't answer his phone only rent time he brought someone to install the hot and cold 4 mths after I moved in and the same day it stopped working I told him he said he will bring the person bck up to this date nothing the face sink he came and install it himself and he cannot use cause once the pipe turns on all the water comes through the drain pipe and wet down the house when we had the last heavy rains I had to move some of my things out of the living room and the remainder of this cover it with plastic he promise to come and fix it but came I went at his home to let him come and see how bad this are and he promise to come and never show but he still want his rent I have never been late or owe so I told him I have the rent but I am not going to pay until he fix the problems that he promis to fix since day 1 he is telling me he need the rent to fix it but that is the same line he has been using on me and I have been falling for it when the rain fall some of my things got damage he now wants me out because I am standing up for myself need advice
ReplyDeleteHi,
ReplyDeleteI had my brother living on my property for the past 10 years rent free, however now I want to evict him for endangering the life of my child and making threats does he have any rights after being on my property for 10 years?
Hi
ReplyDeleteI am writing to find out if I am entitled to my security deposit of $6,000.
I took up tenancy on December 1st but I did not like the surroundings of the place. The Bus route is next to the property and the noise all night was intolerable.
On December 14th I contacted the Owner and informed him, that I had a family emergency and had to leave to NY by December 24th. I did inform him of my security deposit of $6,000 and he told me,that he must talk to the agent at Terracaribbean and he would get back to me. On December 29th the agent Emailed me and said that I am not entitled to the security deposit since I breached the lease agreement, am I entitled to my security deposit?
I got an eviction notice from a justice of the peace tenant owes 15000 in rent just want her to leave the apt she got 31 day notice to leave.ifshe does not can you tell me my next step? Baliff fee is 10,000 to exspensive
ReplyDeleteHey I'm renting an HTC apartment I have not paid an outstanding bill but was paying the rent as normal how ever I got a notice to pay by the 15th of this month didn't get the mail until yesterday. So I would like to know how long after the date on letter can the cone to evict
ReplyDeleteHey I'm renting an HTC apartment I have not paid an outstanding bill but was paying the rent as normal how ever I got a notice to pay by the 15th of this month didn't get the mail until yesterday. So I would like to know how long after the date on letter can the cone to evict
ReplyDeleteHey I'm renting an Hdc apartment I have not paid an outstanding bill but was paying the rent as normal how ever I got a notice to pay by the 15th of this month didn't get the mail until yesterday. So I would like to know how long after the date on letter can the cone to evict
ReplyDeleteUnder which act can this be found?
ReplyDeleteNot so. The Laws of any jurisdiction especially one that follows the Westminister system are clear. Firstly, for a landlord or landlady to be such, he or she must either own the premises or is a Legal Personal Representative. In most cases, you would find agents acting as landlord and moving beyond their authority. You will also find persons who are carrying about themselves as landlords not owners of the land or premises which is illegal and considered "intermiddling" with a deceased owner's estate. Secondly, there is something call a "Statutory Tenancy" which is for an automatic period of 30 years by law in some jurisdictions that use the westerminister legal system. That means that a tenant can stay on the premises for as long as 30 years where every year the tenant gets an annual tenancy agreement. Yes, there is always covenants that landlords and tenants must adhere to but from experience with court matters there is the distinction from what is a demised premises (the apartment or house and what is inside of it) to the surroundings of it (the yard easements etc...). Thirdly, it is understood as a "General Rule", landlords are expected to make the tenanted premises and its surroundings including maintainence of yard, tenable and it is not only the tenant's duty to do this. Both the landlord and tenant must reason or their respective claims can go to a High Court for a Judge to reason for them. Both have rights and must record breaches of tenancy agreements. At the end of the day it is for the landlord to get proceeds from renting the premises that he owns or acting as an Agent making sure the premises is tenable. The tenant is to pay rent by monthly installment and enjoy his occupation on the premises.
ReplyDeleteMy boyfriend refuses to renew lease n I'm a single mother unable to afford the rent due to small income. My boyfriend is unreachable n has informed the landlord.what do I do from being evicted with no where to live?
ReplyDeleteI'm a single mother of two under age girls,my boyfriend who he is responsible for the renewal of the lease for the apartment I and my daughters live is currently a month behind in the rent payment. My boyfriend is unreachable n my landlord is currently abroad. I'm in no financial position to pay the outstanding rent.what are my legal rights?
ReplyDeleteIf you can't pay, you will be evicted.
DeleteHi, I started renting a one bedroom apartment on November 15, 2019. The landlady promised it was in good functional condition except for the camera system but it was not so and I informed her one week later of the issues which she promised to fix. These included leaks throughout the apartment and a malfunctioning air condition unit. On January 2nd of 2020, I gave her a written one month notice and that I had 'hoped' to leave by the 20th of January. I did not pay January's rent. She replied on the 7th of January that I am to leave her premises by the 20th of January or I would be forcefully removed. She is also keeping my security deposit. What are my rights here?
ReplyDeleteIf you did not pay your rent, then it is not likely that you would receive your deposit.
DeleteI rented an apartment to a young lady and she have been constantly late with the rent but I have been lenient with them. Recently however the tenant got abusive and threatened to burn the house down and to also burn the house where my 90 year old mother lives. A report was made to the Police and she was visited and spoken to but the threats persist. I was advised by the Police to serve an Eviction Notice if i so desire but the tenant has stated that she is still not moving. What recourse do I have recognizing the danger.
ReplyDeleteServe the notice and if she doesn't move, in very legal language...be more "persuasive".
DeleteIM Renting an apartment,14 months now with out an agreement ,becouse of the covit 19 my salary and time was cut , and I can not aford to pay my rent on time, I aplied to the social department for assistants cant the land lord gave me eveckion notice??
ReplyDeleteUnfortunately, yes.
DeleteHi how a guest become a tenant?or how long they have to stay in your house to become one
ReplyDeleteUsually when they start paying rent.
DeleteHi gd day i am renting for the past 3 yrs the first year i had an rental agreement for a year on the the agreement stated that i have up to 7 days to pay my rent which i always try to pay it on time. My landlord did not renew my contract but i still live on the premises. She told me to pay my rent on the 1st day because she have her mortage to pay, she does not check up on the place bcuz i fix the repairs and still pays my full amount of rent. This month i was 2 days late and short on the full amount due to the covid 19 situation. Even though the government told the lanlords to be lenient with there tenants as jobs would be closed. My landlord came today to ask me for the money that i shorted on the rent fee. Clearly she is not going to be lenient on this crisis so my question is if she decides to give me notice would it be a month notice or 90 days notice or would it be a week notice. My lanlord also forgot about my deposit because clearly a deposit is there if i cannot pay my rent or i damaged the property. I still does not have a renew contract and if i decides to leave without telling my landlord would that lead to any problem between us.
ReplyDeleteIt's so sad to hear about landlords not being understanding in this time... but at the end of the day, it's their property and they can do as they please with regards to eviction for non-payment of rent.
DeleteHi i would like to know what is the legal time a tenat have prior the notice of eviction
ReplyDeleteGood day,
ReplyDeleteI am having an issue with a tenant. The tenant moved in on April 1st 2019, and signed a contract on that date. The contract ended in Sept 2019 and we renewed it (the renewal catered for Thean additional 6 months (Period ending March 2020). The contract had a clause of no animals/pets. The tenants family members who were living with him brought a pet onto the compound. Upon being notified of this, we served the tenant a notice to Quit from our lawyer in Dec 2019 that we will not be renewing the lease after it expires, and that he is to surrender the keys and all furnishings on March 31st 2020. The client was also notified by said notice of late payments, which also breach the contract and to remove the pet immediately.
In the beginning of March 2020 the tenant was issued a letter of eviction from a Bailiff. It was not a court order stamped letter, but the Bailiff was granted a warrant to remove the tenant.
The tenant claims that although he initially signed on the 1st April 2019, he didn't physically move into the space on 15th April 2019, and as such, he is owed an additional two weeks. This, to my understanding is not true as he was given the keys when he signed the contract. The tenant, through his own attorney, sent a letter stating that we owe him until the 15th April 2020, and because of Covid-19 requested a further 2 weeks grace, extending the time to 30th April 2020. We obliged.
On the 28th of April 2020 we reminded the tenant that he has until the 30th of the month, which he insisted we extend because he did not find a place yet. We said no, and were advised by our lawyer that we cannot touch his possessions, but are within our legal rights to change the locks on the 1st May 2020 and notify him that he can enter the premises, once it is to remove his items. We changed the locks on the gates, and he returned with the police who insisted that we were acting outside of the law, and that we cannot evict him unless we had a court order, or have him forcefully removed 90 days after that. We called our lawyer and our lawyer insisted that we are in our legal rights, once we do not touch his possessions.
An hour later he returned with the police and under police supervision broke the lock and entered the premises. The police stated that he should break the lock and enter the premises; the police entered with him (despite us not giving permission to do so). We made no attempt to stop them, but verbally refused consent. We documented both interactions with him and the police via video recording.
The tenant was instructed by the police to ensure that all of his possessions were undamaged, which he stated, but claimed that he is now missing some cash he has in the apartment. He is still on the premises as of me writing this.
Can you please share some insight? What are our rights here? The police made mention of The Landlord/Tenant act. I tried finding such an act with no luck; can you point me to it? Thank you for your time.
A "lawyer" advised you to change the locks on a tenant? We need to name and shame these quacks taking people's money without a clue of what the law is.
DeleteTo evict a tenant legally, you have to obtain a court order.
If a person who is not the landlord, eg: daughter gives you and eviction notice from 16the April 2020 to 13th May 2020, do you have a right to leave. Is this a valid notice?
ReplyDeleteGood day,
ReplyDeleteI am following up with my query (where the lawyer advised to change the locks).
This person is not a tenant, as the lease expired on March 31st 2020. They were given notice early December 2019. They were given notice from a bailiff from the Bailiff Association to evict in early March 2020. The bailiff could not act because of the lockdown. What the lawyer said was, if the govt gives specific permission for the bailiffs to act, he can then do so, or after the lockdown is lifted and things revert to normalcy.
This person is not currently paying any rent. The last payment was in February 2020, and we have received no monies since, nor are we interested in receiving any monies.
The lawyer advised that because the lease is expired, and he was given more than 90 days notice, plus the additional grace, we can legally change the locks to the premises.
Our lawyer also stated that what the police did was illegal and that essentially, they acted outside of their jurisdiction. Is this so? Would that be considered breaking and entering? I was told that police can only act as such, if they are dealing with a criminal matter or if they have a warrant.
Because of your years experience practicing and lecturing, I'm seeking some clarification here, or guidance going forward.
Thank you kindly.
I don't practice, I lecture.
DeleteFurthermore, I don't intend to go back and forth explaining this situation... but in a nutshell, your lawyer is WRONG.
Those people remain tenants unless qualified as a "tolerated trespasser"... and the police did no wrong.
Two things: (1) your lawyer is a quack for advising you to conduct an illegal eviction; and (2) you need a court order for a legal eviction.
Of course it is... she's acting as the Landlord's agent.
ReplyDelete