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How to Evict a Tenant for Non-payment of Rent

Property Management, DIY | 0 comments

Introduction

Managing commercial properties can be complex, especially when facing tenant issues such as delayed or non-payment of rent. While eviction is generally considered a last resort, understanding the eviction process is crucial for commercial property investors and managers.

Understanding the Eviction Process

In Alberta, as per decisions by the Supreme Court of Canada, landlords have four primary options when a tenant defaults on their lease. These options are mutually exclusive and require clear communication from the landlord to avoid legal ambiguities.

Option Overview

  • Sue for Rent and Damages: The lease remains in force, and the landlord sues for all unpaid rent and damages until the end of the lease term. Acceptance of the lease surrender, such as taking back keys without penalizing the tenant, must be communicated clearly.
  • Terminate the Lease: The landlord may choose to evict the tenant and terminate the lease, forfeiting the right to claim future rent but retaining the right to sue for rent accrued and damages up to the date of termination.
  • Re-let on Tenant’s Account: The landlord advises the tenant that the property will be re-let at the tenant’s expense, with the landlord entering possession as an agent of the tenant for this purpose.
  • Claim for Future Rents and Damages: The landlord notifies the tenant of intent to claim damages for unpaid rent and future rent, while also exercising the right of distress by seizing unencumbered assets in the premises. This option often involves physical seizure and removal of assets but allows the landlord to sue for damages incurred beyond the date of distress.

Legal Considerations and Procedures

Choosing the appropriate course of action requires a thorough understanding of the lease agreement and provincial laws governing commercial tenancies. Landlords must ensure that any actions taken align with the specific terms outlined in the lease and comply with legal standards to avoid potential liabilities.

Important Steps in the Eviction Process

  • Notice of Default: Properly notify the tenant of the default as specified in the lease agreement.
  • Clear Communication: Clearly inform the tenant of the chosen course of action to avoid any misunderstandings or legal challenges.
  • Legal Compliance: Ensure all actions comply with provincial laws and the specific stipulations of the lease.

Professional Help and Support

Evicting a tenant, especially in commercial settings, can be legally complex and may require professional assistance to ensure that the process is conducted efficiently and legally.

Servis Realty Inc: Your Partner in Property Management

At Servis Realty Inc, we specialize in commercial property management and have extensive experience in handling eviction cases. Our team can assist with the necessary paperwork, communications, and coordination with legal professionals to manage tenant evictions effectively.

Contact Us for Expert Assistance

If you’re facing challenges with tenant evictions or need advice on managing your commercial property, don’t hesitate to contact us. You can reach Servis Realty Inc at 780-415-5414 or through our online contact form. Let our experts help you navigate the complexities of commercial property management and tenant evictions.

Conclusion

Evicting a tenant for non-payment of rent involves several critical steps and legal considerations. By understanding your rights and options and enlisting the right professional help, you can manage this challenging situation effectively. Ensure you communicate clearly, adhere to legal guidelines, and consider all available options to protect your investment and maintain good management practices.

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