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Eviction

Sometimes a land lord is put in a difficult situation where he has a tenant which can become problematic and the relationship has broken down and unfortunately the landlord does not see any other option other than eviction. When this happens there are a few things a land lord will have to take into account.
 
A land lord may not change the locks or doors on a dwelling as to irritate and annoy a tenant in to vacating the dwelling, unless it is necessary to replace the locks and doors due to fair wear and tear and other reasonable causes. This also needs to be done with reasonable notice to the tenant if they do need replacing. The tenant in the same situation trying to avoid eviction may not change the doors or locks in an attempt to avoid the inevitable.
 
If the tenant does so the landlord can give the tenant seven (7) days’ notice in which to remedy the breach, unless the tenant is in default of rental payment and remains in default for a period of seven (7) days of due date, then such notice will be dispensed with and obtain a valid court order to evict the tenant.
 
If a landlord needs to access the dwelling he may only do so under the following conditions. He may access the dwelling if he needs to inspect, make repairs, show the dwelling to prospective new tenants, purchaser or agents, but only with reasonable notice given to the tenant beforehand. The landlord may gain access to the dwelling to inspect the dwelling for damages, if the dwelling appears to be abandoned by the tenant or if the landlord has a court order. The tenant must allow the landlord access to the dwelling if the landlord has a valid court order.
 
Although a landlord would like to just remove a problematic tenant, unfortunately a tenant can only be evicted with a court order. A tenant once evicted from the whole or part of a dwelling by a third person has, subject to common law, a claim for damages against the landlord. This means that if a tenant is evicted by the landlord or by someone the landlord has hired to do so, must not damage any of the tenant’s possessions and the tenant is entitled to all of his possessions.