Evicting a Tenant for Non-Payment of Rent
For an investor buying a rental property, it’s not unusual that now and then, there will be some issues with a tenant.
While good property management can help mitigate or prevent potential problems. real estate investment in never trouble-free. One of the most common complaints is that some tenants are always late with their rent and then they finally stop paying.
Evictions are usually the last resort — but if you do have to take that route, this article will provide more background about the process involved.
Most common reasons for evicting a tenant
Evicting a tenant is usually the chosen route for the following reasons:
- Non-payment of rent
- Breaching other terms of the rental agreement
- Damaging the rental property
- Repeatedly disturbing or endangering others in the property
Remedies for a breach of the rental agreement
If the tenant breaches the rental agreement, a landlord can terminate the tenancy by:
- Giving the tenant a 14 day notice to vacate; or
- A 24-hour notice (for causing significant damage, assault or threatening the landlord or another tenant)
- Applying to the Residential Tenancy Dispute Resolution Service (“RTDRS”) or Court of Queen’s Bench for an Order to Vacate
14-Day Eviction Notice for unpaid rent
To seek an eviction for a tenant’s failure to pay rent, the 14-Day Notice of Eviction must be properly served — and, in order for it to be enforced, it must:
- Be in writing and show the date of service
- Specify the address of the property
- Include the amount of rent that is owed at the due date (or when the notice is given)
- Provide the reason for the termination
- Include the date and time the tenancy is due to end
- Be served by the landlord or property manager;
- Include a statement that says that the tenancy will not be terminated if the tenant pays all rent due on or before the termination date specified
If the tenant won’t leave
If the tenant doesn’t pay after the 14-Day Notice has been served or if the objective is to terminate the relationship with a tenant sooner than later, it’s best to make an application to the Court of the Queen’s Bench or contact the RTDRS to arrange a court hearing.
The costs involved:
- Filing for a hearing with the RTDRS
- Registering the Order with the Court of the Queen’s Bench
- Hiring a bailiff if the tenant doesn’t move out even after getting an Order
- Hiring a full service eviction company or lawyer
- Seizing, storing and/or selling assets left behind by the tenant
If the tenant fails to comply with the Eviction Order, it’s possible to apply for a Writ of Possession. A bailiff is engaged to help recover the property, allowing you to legally change the locks and possibly have the police charge the tenants with trespassing.
It’s wise to keep all records and documentation on-hand, as these may be needed for the Court. Documentation helps to demonstrate the actions you took to correct the situation, how many times you spoke with the tenant about the outstanding rent, expenses you may have incurred and it also provides a record of any possible damage to the property.
If you need help with matters relating to eviction of tenants
At Emerald Management & Realty, our team of property management professionals has lengthy experience working on eviction cases and can work on the paperwork and communications and collaboration with other professionals to assist with the eviction of tenants before, during and after court eviction dates.
If you have any questions or are looking for assistance in matters relating to tenant evictions, we’re here to help. Call us at 403-237-8600 or fill out our contact form and we’ll be in touch as soon as possible.
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