PROPERTY RENTAL & EVICTION | The Landlord's Guide
Landlord-Tenant Questions & Answers
Find answers, explanations, illustrations and DIY templates to these and many other rental related problems in this new book.
Yes. Provided certain criteria are met for an agreement to exist whether verbal or tacit. An entire section in the book deals with Verbal and Tacit agreements and the implications on various situations including the soon-to-be-enacted Rental Housing Amendment Bill which will have far-reaching implications.
Depending on the grounds but preferably sooner rather than later. For example, immediately when the rent is overdue. The eviction process consists of several stages and although the process is started, it only becomes an 'eviction' later on in the process. At the outset, the defaulting tenant is placed on terms which should spell out the seriousness of the situation. This should set the ground rules for the remainder of the lease period. This preliminary stage, although critically important for the rest of the process, can be done without an attorney provided it is done correctly. The book provides step-by-step instructions with all necessary templates on how to do this.
Theoretically it is possible but risky (like taking skydiving lessons in Greek - unless you speak Greek!). However, from our discussions with several experienced eviction attorneys it appears that layman's-type Do-It-Yourself evictions are unlikely to be successfully executed without the assistance of a knowledgeable attorney. You can, however, start proceedings without an attorney which is discussed at length in the book.
Only if you have a good reason to enforce the agreement would that option be advisable. The book explains situations that could warrant rental claims but generally an eviction would be the appropriate course of action to take since you can claim for damages anyway (including forfeited rental).
It is a common misconception that the court will not grant an eviction against children, elderly or disabled persons, or woman-headed households. Special consideration should however be given in these instances and the section on Equity provisions in the book explains how these categories of tenants are dealt with.
The best way to save on costs in the event of an eviction is by avoiding mistakes from the start and handling it as efficiently and quickly as possible. The book provides insight and advice on how to handle potential problems and excellent tips on preventing them in the first place.
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Whether instructing an attorney, or contemplating a DIY eviction without one (legal or arbitrary), 'PROPERTY RENTAL & EVICTION | The Landlord's Guide' is any letting agent or landlord's best friend. It will enable a non-legal reader to understand and appreciate what the legal eviction of a tenant entails and what the consequences would be of attempting to do so illegally.