HOME > BLOG > Investing > What to consider before evicting a tenant

If you have a tenant who you don’t think is suitable to live in your property anymore, there are certain laws and processes you need to abide by before evicting them.

Fed up with a tenant who doesn’t pay their rent on time, or has caused damage to your investment property? If so sounds like it’s time to give them the old heave ho. But whilst you have the right to choose who lives in your property, tenants also have rights. Before you consider evicting someone, just make sure you’re acting within the law.

Notice

  • Before you evict a tenant due to late or missed repayments, you need to make sure they are 14 or more days in arrears before sending a Notice to Vacate. After this, you will need to wait another 14 days before you can take further action.

Locking out tenants

  • You are not allowed to personally evict a tenant and change the locks. Police are the only authority that can do this. If you do try to lock a tenant out, the tenant can apply for a restraining order and also contact the police, which will then see you in trouble.

Unlawful action

  • If you act unlawfully during the eviction proceedings, the tenant can claim compensation for any inconvenience, loss or damages, even if they have not been the ‘perfect’ tenant themselves..

Disposing of items

  • If tenants have left items behind, as the landlord you are not able to dispose of them straight away. If there are perishables or rubbish, they can be thrown out. However, other goods can only be disposed or sold after 14 days notice with the exception of personal documents. Personal documents will need to be given to an authority and can only be disposed of after 90 days notice.

Further action

  • There are certain issues where you are able to go straight to the Tribunal without providing notice to the tenant. Some examples include injury to the landlord, serious damage to your property or other properties near by, using the property for illegal purposes etc.

    However, before going to the Tribunal you need to be sure you are abiding by the law. If you don’t, your case can be thrown out. Keep a copy of all receipts and documentation which can help support your case.

In order to avoid the situation of having to evict a tenant, you need to implement measures at the beginning. This includes thoroughly researching potential tenants including interviewing potential tenants, checking references and conducting criminal checks.

 
  • Use a calculator to get an estimate of how much you can borrow.
    Try one here.

  • See if you qualify. To get a more accurate idea of how much you can borrow with State Custodians,
    click here.

  • Call our Lending Specialists and they can do the calculation for you over the phone plus answer any questions you have at the time. Talk to us on 13 72 62.