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Here’s how to evict a tenant in Quebec.
Please understand that when you have to evict a tenant anywhere can come with a lot of hard work on your part as the landlord.
When dealing with rental houses, there are lots of potential issues that can arise. Things like tax implications, and evictions are common. Evicting a tenant can add stress to a landlord’s life.
It also will require you to understand the laws concerning evictions and tenants rights. Those that are new to rental property often have a tendency of forming a tenant friendship. When it comes time to learn how to kick a tenant out, it becomes a very stressful situation…especially if the tenants are relatives. Yikes!
Having to deal with evicting a tenant can often be avoided. This can be done through the proper pre-screening and choosing of tenants to begin with.
However, no matter how careful someone may be, circumstances can change. There can be a variety of reasons of why you may have to learn how to evict tenants.
What has to be realized is that your rental property is a business to you and you will have to conduct it as such. This means that you will have to know how to evict tenants when and if the situation arises.
Often a landlord has to go through the eviction process because the tenant is not paying their rent.
Evicting a tenant not paying rent is not something that you should wait to learn about. If you do find yourself in that situation, you might consider selling the rental property with tenants still there.
As a landlord, you really want to learn what the rules are that pertain to the landlord and tenant act. You also want to learn the eviction laws. Knowing these makes it much easier when you have to kick a tenant out. These should be learned when first drawing up the lease agreement.
The eviction laws will differ from state to state.
Even if you are familiar with one state make sure that you know the laws for the state you are renting your house in. How to evict a tenant in Quebec will most likely be different than other states.
When it comes to evictions, it’s best not to do it on your own. It can become so frustrating that landlords start removing items from the tenant’s home. Or change the locks. Or they may shut off the critical essentials like the electric, gas and water. These may be all measures that would possibly get your tenant to vacate…but can be illegal.
You need to go through the proper legal recourse that is in place for you to evict your tenant.
When it comes time to go to court you want to show the courts that you have abided by all of the rules. You should not have been vindictive in any way. This could cause the judge to show more leniency towards the tenants.
One of the reasons for trying to figure out how to evict a tenant in Quebec is because of failure to pay rent…obviously, if they don’t pay they shouldn’t stay.
They may have violated the lease agreement or they are causing damage to your property.
It could also be that they are a hindrance to your other tenants. This could be by causing noise disturbances or health issues.
Whatever the reason may be you have to ensure that you have the proof and that it is well documented. It could be you happened to learn that you are in a gray area of the law when it comes to how you approach your eviction of a tenant.
You may want to try and approach your tenant asking them to leave in a polite way. This may be done without having to go through the entire legal process. In many cases this doesn’t usually work and you will need to learn how to start the eviction process.
Evicting a tenant in Quebec requires you to start the eviction process.
The first thing you’re going to want to do is give a formal notice of eviction. This is after you have definitely determined that you have the grounds for eviction.
In many cases the notice of eviction has to include the reasons why the tenant is being evicted. It should include what they could possibly do to avoid this. It may be that the property has been unkempt. If they comply and clean it up then the eviction will no longer be in place.
You also want to make sure the eviction notice includes the deadline. It should also contain any amounts of money including all fees that are owed. There may be a specific number of days that you have for filing this paperwork with your local court office. The eviction notice should be taped to the tenant’s front door as well as sent by certified mail.
In most cases you will need to file your eviction with the courthouse. Then you should be given a hearing scheduled date. The courts should also notify the tenants by way of summons about this. You will most likely have to show that you have served the eviction notice in the proper manner.
Evict a tenant in Quebec means preparing yourself for your court attendance. Make sure that you have all of the pertinent documentation for the rental property for this tenant. This includes your lease agreements and all your records of payment. Any communication that you may have had with the tenant should be documented. You need a copy of written notice and your proof that the notice was served. If you have checks that have been classed as NSF these also should be part of your documentation.
There will be a specific time allotted that the tenant will have to leave. If the tenant doesn’t comply then the Sheriff’s department can step in. This is to ensure that the court orders have been carried out. Tenant eviction is not a pleasant or easy task but is one of the responsibilities that come with this type of business. Knowing all the rules and regulations makes it a much easier process.
Why go through all that’s required to evict tenants? You can skip the drama and headaches by selling your rental property and getting a cash offer from a company that buys houses in Montreal. Olivier Lepage can make you a cash offer within a single day…even if there are tenants living in the house. Give us a call at 514-907-1111 and we’ll gladly talk with you about your situation and make you an offer to buy it at no charge.