Despite all the precautions taken when signing the lease, it happens that a tenant stops paying his monthly payments, for various reasons. The owner who no longer receives the rent is then entitled to request an eviction, but not just anyhow. Below are different possible scenarios, useful to know for both owners and tenants.
The Termination Clause
Included in the majority of rental contracts, this resolution mechanism gives the owner the right to end the lease automatically. In order to exercise this possibility, he must nevertheless respect various steps, in particular by first sending an order for payment. This act issued by a bailiff is given to the tenant and orders him to comply with the payment obligations, giving him a couple of months to regularize the situation.
This document also reminds the tenant of the elementary right on this subject, namely that in the event of refusal, a seizure of his property or an eviction is possible after the legal period has passed. For his part, the tenant can, during this period, ask for help to pay via the district court assigned to his city, which can grant him additional time.
If the eviction has been decided, an order to leave the premises is sent by a bailiff on the owner’s initiative and announces to the tenant that he has a specific date to vacate the property. If the tenant contests this decision, he can go seek further action to request an additional period, which can range from one month to one year. As soon as the eviction period comes to an end and if the tenant has still not left the premises, the owner can proceed with the eviction by requiring a bailiff. There is, therefore, no question of any other settlement, under penalty of legal proceedings.
Dissolving the Situation
The property manager is experienced in dealing with circumstances where the tenant has stopped paying rent or refuse to pay it. In some instances, mediation could be the ideal solution to prevent the situation from getting worse.
- The tenant may be going through an extreme situation where compassion is necessary. A property management company would try things like:
- Meeting with the tenant to see where the problem lies
- Creating a payment plan
- Reducing the rental payment for a specific period of time
The situation can be dissolved before it reaches the court system. An experienced property management company knows just how to do that.
Hiring a Property Manager
If you are the owner or tenant, have you been confronted with this type of situation? How did it go and what advice could you give? In these types of situations, it is best to have a property management company help you deal with it. The property manager can probably prevent the situation from escalating to the courts and to termination of the contract with the tenant. This is part of their responsibility. The property management company would the liaison between the landlord and the tenant and the court system.