The most common reason Landlords and Tenants, experience failed relationships, is due to tenant default on rent payments.

Most landlords are quite patient, in order to avoid the time and expense of re-leasing, but there comes a point where you will have to draw the line with a recalcitrant tenant.

Whatever the breach of the Lease might be, it must enable a Right of Entry or Termination under the terms of the lease.

This is why it is so important that your Lease Agreement is drafted professionally.

The next step is to provide the tenant with the proper notice in accordance with the lease and the relevant laws in your specific State.

Generally speaking, the notice period should enable the tenant, enough time to remedy the breach and an opportunity for you, to advise them of the consequences if they fail to do so.

If the breach is not remedied, a landlord can affect re-entry themselves, with the assistance of the locksmith or can obtain a court order for possession.

A court order allows landlords to access the services of the Sherrif’s Office (or equivalent) and also ensures that the Re-Entry is lawful.

In the case of commercial/retail leases, landlords need to be aware that any dispute must be first referred to the Small Business Commissioner.

Take Note:

If an eviction proceeds unlawfully, a landlord may become liable to the Tenant for any damage the tenant may have suffered as a result of the re-entry.

It is strongly recommended that you seek professional legal advice if you require assistance evicting a tenant.

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