Eviction Guide For Landlords when a tenant won't leave: Know the Legal Procedure

Jun 18, 2024

Whether it is the non-payment issue or the violation of the agreement, there can be many reasons for the evictions of the tenants. Evicting a tenant can be a massive stress for the landlord if the tenant is not paying or vacating the property. However, tenants’ eviction by the landlord is laid down by different state laws. 

These days, landlords take extended precautions to avoid any kind of situation and are well-versed with the regulations concerning rental laws. 

If you are also trying to know the legal steps and grounds to evict a tenant refusing to leave, you are at the right place. In this blog, we will look at the legal procedure for landlords to follow to evict a stubborn tenant.

Common grounds for eviction of tenants

Grounds that you may consider when evicting tenants vary based on the terms and local laws mentioned in the rental agreement. Here are some of the common grounds on which you can evict a tenant:

What should be the first step when the tenant is refusing to leave?

Before you contact a property settlement lawyer in Adelaide, there are a few things you need to do yourself. No matter what the situation is, you have to take a look at the agreement. The lease that both parties signed can help you evaluate the best course of action. 

It can even outline the options you have. You will likely have some clauses that can help you understand the actions you can take when something happens, like refusing to move out of the property.

How do we handle the tenants who refuse to leave?

A tenant can only occupy or reside in a particular property till the agreement period is valid. That being said, here are some of the things you can consider if the tenant is refusing to leave:

In many scenarios, tenants stop paying the rent and keep holding the property. Sometimes, the increased rent can be the reason for disputes between the tenant and landlord. A landlord can increase the rent as per the lease agreement. If the tenant refuses to pay the increased amount after one year, the landlord can ask him to vacate the property.

However, any kind of arbitrary increase in the rent can be refused by the tenant. Other than the tenant eviction, the landlord can also ask for mesne profits, including rent and interest.

The eviction clause can also be noted in the agreement and used in case of a dispute. You can quote the violations of the contract in court and make them grounds for eviction. There are generally two ways in which an eviction might occur:

  1. If the lease agreement is over

  2. The landlord terminates the lease agreement by sending a legal notice under section 106 of the Transfer of Property Act.

If the tenant does not agree to this, you would need to file a suit.

If you have noticed any violation of the agreement, you can ask for eviction by giving a notice to the tenant. Sending the notice at the right time is crucial avoiding wasting any time. 

Conclusion

It's only fair if all these procedures and legal issues sound a little challenging to you. This is why you should seek help from the property settlement lawyer Perth

With their extensive knowledge of the legal landscape, they have a team that will assist you on every step to evict a tenant refusing to leave. Get in touch today!