Residential Eviction Misconceptions

written by Liad Hadar – Director

“You will never get that tenant out!”

“The Law only protects the tenant, the landlord receives no help”

“Lock out the tenant – it’s the only way”

“The residential eviction process can take years”

“It will cost you a fortune to evict a tenant”

“You will have to provide them with alternative accommodation”

The above quotes are all examples of the common misconception surrounding residential evictions.

None of them are correct.

The real position, the motto at Hadar Incorporated, “It’s a question of when not if”. This means that a residential eviction order will always be obtained, the question is simply regarding timing. It is not an indefinite period of time; it is not years, it is months. There is an end in sight, there is help, there is a professional and legal solution.

The relationship between residential landlord and tenant is generally governed by a combination of the Rental Housing Act, the Consumer Protection Act and the common law.

The eviction process, which is only applicable when the landlord has made the decision to evict the residential tenant, is legislated by the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (commonly referred to as the PIE Act). The PIE Act does not serve to stop you from evicting your tenant, it simply provides the rules of the game, the hoops that your attorney is required to jump through, to obtain an eviction order in residential leased premises.

The PIE Act further serves to protect tenants that require it – women-headed households, the elderly, disabled individuals and minor children. It does not however compel the landlord to provide them with alternative accommodation, nor does it prohibit their eviction. As above, it’s a matter of when they will be evicted, not if they will be evicted.

The above tenants will most likely be afforded additional time, by a Court, to leave your property or face physical eviction by the Sheriff. They will however be forced to leave within a specific period of time.

The process is arduous, it is not easy, but a specialized property lawyer with good knowledge of the PIE Act and the other Acts referred to above, will always win for you! The process may be delayed or frustrated but so long as your lawyer knows the game, you will win and the eviction will be granted, leading to the successful recovery of your property asset.

Do not fear the process, do not feel hopeless – there is hope where there is a professional and competent property lawyer.

Learn more about the residential eviction process here.