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Here’s the best way to evict a stubborn tenant

As a landlord, it is quite normal to be plagued by a stubborn tenant once in a while. Whether the tenant is constitut ...

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Here’s the best way to evict a stubborn tenant
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As a landlord, it is quite normal to be plagued by a stubborn tenant once in a while. Whether the tenant is constituting a nuisance, has totally refused to pay rent, and has vehemently refused to pack out, there are ways as supported by the law, with which you can evict a stubborn notice.


First, it is very important that you avoid all forms of violence, as a tenant can be well within his/her right by refusing to move out. Either way, it Is crucial that you follow the law, to avoid making a mistake that could cost you in the law court.  


The first step to evicting a tenant is to serve them a quit notice. This should be done by your lawyer. The law on tenancy states that a tenant who pays rent;


  • Every month: should be given a 1-month notice.
  • Every 3 months:  should be given a 3 months quit notice.
  • Every 6 months: should be given a 3 months quit notice.
  • Every year:  should be given a 6-month quit notice.


If your tenancy agreement had stated that your tenant should pay house rent every year, you must give your tenant a 6-month quit notice before proceeding to the other steps. The quit notice is not exactly a court document but a letter that should contain; the type of tenancy (yearly or monthly), the date to leave possession, the address and proper description of the property, and the capacity with which the lawyer is writing. 


If after serving him with a quit notice 6 months in arrears, the next step to take is to serve the tenant a notice informing him/her, your intention as a landlord to apply to court as a means to recover the premises from the tenant. This notice is given for 7 days. This notice should contain; the type of tenancy, description of your property, grounds, and particulars of your claim, 7 clear days given to the tenant within which he/she should vacate, the capacity with which the lawyer is writing, and the outstanding rent owed by the tenant.


If after 7 days, the tenant is still adamant about not leaving, you can then file a claim to any magistrate court for recovery of your premises. Once the magistrate hears the matter, the court will make an order to ensure the eviction of the tenant if it is proven that the tenant has breached the tenancy agreement or has refused to pay rent. The landlord would also be awarded mesne profits which is the accumulated rent during the trial period.


There are other grounds with which a tenant can be evicted;

  • Breach of tenancy agreement; refusal to pay rent, causing destruction on properties.
  • Using premises for immoral or illegal purposes.
  • Abandoning the property to rot
  • Lack of maintenance of the property
  • When a tenant constitutes a nuisance to the environment by either constantly fighting or causing destruction to other properties within the same premises.


As a tenant, it is very important to abide by the rules as drafted in the tenancy agreement because the landlord is within his/her right to evict you if you go contrary to what was agreed,  even if your rent is paid in full.



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