17/04/2024
Tenancy matters:
Most tenants think that, because they are yearly tenants, they are entitled to six months notice to quit after the expiration of their rent. However, this is not the case.
Yes, you are entitled to six months notice to quit as a yearly tenant, but the notice can be served on you 6 months into your rent.
Let’s say you pay for one year rent to run from 1st January to 31 December, the lawyer decides to serve you notice to quit on 1st July. From the day you received the notice to quit until the expiration of your rent is 6months. He has served you six months notice to quit. Once your rent expires on the 31st December, you are entitled to just seven days notice of owners intention to apply to court to recover possession.
What is your status once your rent expires?
Once your rent expires and you refuse to renew the tenancy, you become a tenant at will. As a tenant at will, you can be evicted at anytime with just 7 day notice.
Note: if you decide to pay rent for one month, you become monthly tenant.
If your tenancy expires or is determined by a valid notice to quit but you keep occupying the premises, you will pay mesne profit. Mesne profit is the accumulation of the rent of the place until you hand possession.
Handing possession means that you have transferred the property back to the landlord and to hand possession is to give the key to the landlord. However, if you just leave the place without handing over possession, it is assumed that you are still in possession and the mesne profit will keep accumulating.
Are you a landlord?
Avoid forcefully locking your tenant’s house and withholding the key. The tenant can go to the police and report that his 10 million dollars disappeared and you will either pay or go to jail for stealing or spend your money in court case.
Avoid using the police to eject your tenants forcefully, unless the court gives judgement and you use the sheriffs and authorized police officers to evict the tenant. Other than that, you may have to forget about your money and even pay the tenant on top. The law greatly frown against self help.
Good morning.