Evicting a tenant!!!

johnnyoconnors

Hypothetically speaking,

If i the landlord decide to evict a commercial tenant from a commercial unit that i have leased to them for reasons that i believe are in convention of there lease and i know they will contest. What is the legal procedure to have the tenant removed and how soon can i have them out?

This is all Hypothetically speaking and im just curious for topical conversation over pints.

dubtom

Well I believe in private dwellings,if they don't have a lease, you have to give a minimum of 54 days notice, Phone the PRTB for a definative answer.

besty

The period of notice depends on how long the tenant has been in occupation AFAIK. I'll try and look the varying periods out tomorrow to add to your discussion over pints.

neon_glows

Do they then leave after the amount of notice and then contest the action or do they stay and appear in court

J.S. Pill

dubtom wrote:

Well I believe in private dwellings,if they don't have a lease, you have to give a minimum of 54 days notice, Phone the PRTB for a definative answer.

If you're talking about private dwellings (i.e. someone living there) its 28 days notice if they're there less than 6 months. The notice persiod increases in increments the longer they've been there.

Of course if there's a lease involved you're going to have to prove that the tenant was in breach of that lease which can be tricky

Anyway - back to commercial cases:

Do the PRTB deal with commecial cases? I wouldn't have thought so as R stands for residential but you can always ring them to be 100% sure

johnnyoconnors

thanks for the info everyone, i was hoping that there is a set procedure for this. I cant just get the tenant evicted without some sort of court hearing where they would be allowed represent themselves and defend the action?

J.S. Pill

johnnyoconnors wrote:

thanks for the info everyone, i was hoping that there is a set procedure for this. I cant just get the tenant evicted without some sort of court hearing where they would be allowed represent themselves and defend the action?

Its up to them whether they decide to contest it or not.

All I'll say is do your homework mate. You'll be creating a lot of problems for yourself if you start acting like a cowboy. If you're serious about this get some proper legal advice. Otherwise try talking about football or something in the pub, its a lot more fun.

Rhonda9000

Regarding so called hypothetical pub talk about commercial tenants and cowboy landlords

Commercial tenancy is not regulated in the same way as residential tenancy. Many of the tenant rights found in the residential setting simply do not exist for the commercial tenant.

The first piece of paper to look at is the contract / lease concerned. Contact a legal advisor.

johnnyskeleton

You should read what it says on the beermat before downing your pint.

Such things as evicting tenants are not that simple and can take some time.