I have a story to share about a situation involving a landlord and tenant who didn't get along, which led to quite a legal mess.
The landlord, despite strong advice from his property practitioner (who we were representing, thankfully), decided to take matters into his own hands. The tenant's lease had already been terminated, and instead of going through the proper eviction process, the landlord gathered a few people, went to the property, and forcibly removed the tenant, changing the locks afterward. This action was clearly an illegal eviction.
Naturally, the tenant went to the Rental Housing Tribunal to report the illegal eviction. They also filed a police complaint for harassment and trespassing since the tenant and her children were physically removed from the property.
When this happened, I immediately advised the property practitioner to cancel their mandate with the landlord. It's important not to associate with someone who disregards legal procedures, as it can tarnish your reputation even if you were not involved in the wrongdoing.
The agency was later summoned to the Tribunal to clarify that they had no part in the landlord's actions. Unfortunately, their contract was not correctly drafted, making them a party to the lease when they shouldn't have been. After explaining the situation to the Tribunal, they were released from any responsibility, but the landlord now faces significant legal trouble.
This scenario highlights the importance of following legal processes, especially in eviction cases. In another situation, we dealt with a tenant who was dodging us during their last month, avoiding payment and refusing access for property viewings, despite being aware that they were moving out. The landlord suggested that we go ahead and show the property without the tenant’s consent, but I firmly declined. Entering the property without the tenant's agreement is a breach of contract, and it’s vital to respect the legal boundaries, even in frustrating situations.
In cases like this, it’s essential to have provisions in the lease agreement, such as those in the TPN lease, which allows the landlord to show the property to prospective tenants during the last month of the lease. If the tenant refuses, they are in breach of contract, and you can send a letter of demand, giving them a set time frame to comply.
If they still refuse, you can cancel the lease before the end of the month, which gives you a stronger legal standing to begin eviction proceedings if necessary. It’s crucial to remove emotion from these situations and handle them through the correct legal channels to protect both your rights and those of the tenant.
Following the correct procedures might seem tedious, but it’s necessary to avoid ending up in a legal quagmire like the landlord in the first story./p>