Landlord Guide On Evicting Tenants

Here are the steps a landlord typically takes during the process of evicting tenants. The chart doesn’t reflect every open option available; the chart displays the most common options and solutions, along with the pros and cons of each possible route.

If anyone disagrees with this chart, or believes it can be improved, please let me know, and I’ll happily update the content accordingly.

1

Resolve

Before taking any drastic measures, try to resolve the issue with your tenant. It may just be a simple case of miscommunication, or you might be able to come to some form of compromise.

Time Consuming

Failed to resolve

Unable to resolve, further action is required

Cheap* / Easy route

RESOLVED

2

Valid case

Make sure you actually have a valid case e.g. your tenant has breached any terms of the Tenancy Agreement

Time Consuming / Unrealiable

Independent

Try to take things further yourself. Ensure that whatever action you take complies with the law.

Expensive / Professional* / Thorough* / Experienced*

Specialist

Use online specialists. There are plenty to choose from.

• Examples:
• Landlord Recoveries
• Landlord Assist
• Landlord Action

Expensive / Professional* / Thorough* / Experienced*

Solicitor

Use local solicitors that specialise in land law and evictions

3

Section 8

Assuming you have a valid case at this point, you or whoever is representing you will serve a section 8 (Posession Notice) to your tenant. Your tenant will have 2 weeks to respond.
If you serve a Section 8 without legal advice, you run the risk of serving an invalid notice, which could make your claim invalid and slow down your case.

Expensive / Time Consuming

Resistant tenant

Tenant has refused to cooperate and vacate the property

Easy route

RESOLVED

In a lot of cases, all a tenant needs is a Section 8. They usually vacate due to fear.

4

Professional help

At this point you should seek professional assistance from a qualified solicitor (if you haven't already).

5

Court action

Your legal representative will issue proceedings. A court hearing date will be set. Your legal advocate will appear before a judge to obtain the possession order.

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Talk / 1 Comment left so far

Bill wrote this on 2009-09-07 08:27:10 I love your flowchart! Very nice job.

As a fellow landlord who has also gone through the eviction process this will be very handy for folks in your area.We were fortunate enough to have a new process set up in our area (Alberta Canada)called the Residential Tenancy Dispute Resolution Services (RTDRS) which helps streamline the process.

I have put together a walk through of the entire process as well, the walk through I have is here, http://www.investors.housez.ca/?p=83 if you have some time to compare notes.

Regards,
Bill 1

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