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 Tenant not paying rent

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DragonReine
post Nov 1 2021, 12:42 PM

just another dog on the Internet
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Joined: Aug 2011
QUOTE(acbc @ Nov 1 2021, 10:17 AM)
Wanna ask...

If the tenancy agreement has expired long ago and the tenant chose not to renew or move out, is he or she considered trespassing?
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If there was a prior agreement, then under Section 7(2) of the Specific Relief Act 1950:

“Where a specific immovable property has been let under a tenancy, and that tenancy is determined or has come to an end, but the occupier continues to remain in occupation of the property or part thereof, the person entitled to the possession of the property shall not enforce his right to recover it against the occupier otherwise than by proceedings in the court.”

Layman term: landlord cannot recover possession of property without a proper court order. Must get a lawyer to help you sue the tenant for arrear rent and ask for a vacant possession order. Only when the court grants the order can you start regaining possession of the property. This action may be taken in order to receive any rents owed, as well as to force the tenant to leave the property.

Before this the landlord must properly serve an eviction notice on the tenant during which time the tenant is instructed to hand over the property and any past due rent. After the notice expires, the landlord must attain a court order for eviction. If granted, the landlord can then take steps to seal the property so that the tenant cannot enter the unit. The landlord can also collect double rent on the tenant if he or she still continues to remain on the property during this time.

Note that this can be contested by the tenant, which can make this a lengthy and costly process.

 

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