An 8-Step Process To Follow while Evicting a Tenant in Perth

Dec 18, 2023

The property owners, every once in a while, require the need to evict a tenant. There might be several underlying factors that might lead to this decision of the owner, like being unable to pay the rent or not following the property rules emphasized by the owner. There will be a drastic decrease in the value of the property if the landlords do not take the necessary actions to evict a tenant who is unable to pay their rent and is subject to destroying the property. In this website blog, we will discuss how residential eviction works and offer efficient tips on how to evict a tenant through the legal services of lawyers in Perth.

Why Do Landlords Have to Evict?

No landlords are ready to evict a tenant until the situation turns bad. The frequency of the tenant not being able to pay the rent also leads to the destruction of the property; it leads to a decrease in the value of the property and the income of the owner.

Some of the common reasons for a landlord to evict a tenant are as follows:

Nonpayment of Rent:

One of the common reasons that force a property owner to evict a tenant is their inability to pay the rent on time. It might be because the tenant is facing problems in their work, bad family conditions, medical issues, and many other personal problems that lead to the tenant being unable to pay the rent. However, for a business owner, the only source of income comes from their rented property to the tenants. Hence, they are forced to enact an eviction on the tenant.

Professional Tenant:

A professional tenant is an individual who rents your property with the condition of not paying their rent every month regularly. However, it is still being determined whether or not the professional tenant will pay when required. This type of tenant has a good grasp of the eviction process and might look for loopholes that they can exploit. They might live freely without paying their rent for months until the landlord is forced to evict.

Illegal Activity:

Some of the illegal activities that might lead to a landlord eviting a tenant include legitimate business outside the house, dealing with drugs, and gambling acts within the house. All these illegal activities can force a landlord to evict a tenant. They might also sue you under criminal law. You can consult property lawyers Perth, WA, to learn more about the law and your rights.

Violating Other Lease Provisions:

Several landlords forbid keeping a pet or an extra roommate in their rooms. Other conditions restrict you from doing things of your liking. At first, the tenant will be fined by the homeowner association (HOA). Still, if you are to repeat it, the homeowners might be forced to evict the tenant as many need to follow the protocols, making it difficult for the owner.

Destroying the Property:

Damage to a property by the tenant can lead to a landlord being forced to evict them. Damages, including punched holes in the walls and broken windows, are some of the serious issues. This can lead to decreased property value with occasional safety and health concerns.

How to Evict a Tenant?

1.Review Applicable Landlord-Tenant Laws

Before beginning an eviction, make sure that the law is in your favor:

Certain tips must be considered to select the best immigration lawyer:

2. Have a Valid Reason for Evicting

It would help if you were confident before evicting a tenant. Go through the protocols of the law to ensure everything is according to the law. Usually, a tenant is evicted if they cause damage to the property, do not pay the rent for months, or have an unauthorized roommate or pet on the premises. This repetitive violation of the terms and conditions of the agreement can lead you to take action against the tenant.

3. Reason with the Tenant

It is always better to make a tenant leave willingly than to evict them. The landlord can speak to the tenant and request them to leave willingly because evicting a tenant can lead to others having a bad impression of the particular property in the business market, leading to a decrease in property value.

4. Serve a Written Eviction Notice

The written eviction that is to be served to the tenant should include:

5. Sue for an Eviction

Most managers hire a property settlement lawyer Perth to handle the eviction proceedings. Though this can be cost-effective, it is beneficial for a smooth eviction process. The landlord's failure to follow the process of the tenant's eviction has to start again. Lastly, if the owner decides to complete the eviction process illegally, they might be subject to costs, damages, or both.

6. Prepare for Court Hearing

The following is the required paperwork that you and your property settlement lawyer Perth, have to bring for the court hearing:

7. Evict the Tenant

If you are found to have followed the property eviction process by your jurisdiction, the court will likely favor you. Hence, you will receive a Writ of Restitution, giving you the authority to evict the tenant legally. Furthermore, the writ will give the tenant a few minutes to pack their belongings and leave the property as soon as possible.

8. Collect Past Due Rent

Most of the time, the court awards you by paying back your past due rent and the costs of any damages that the tenant has caused. Landlords can choose to hire collections agencies to collect the due rent from the tenant. Through its legal services, the agency will ensure you are paid the entire amount the tenant has due.

Conclusion

Evicting a tenant is done by almost every property owner. As a landlord, to successfully evict a tenant, you must understand and follow the local laws for a smooth process for your jurisdiction. Evictions are often time-consuming and cost-effective. It is beneficial if you hire the legal services of Perth lawyers for a safe and smooth eviction process.