Real Estate Attorney
Your Tenant Refuses To Pay Or Vacate? what can be done?
Renting an apartment or commercial property can be a very lucrative deal and indeed, many people purchase properties in order to rent them out and enjoy a monetary margin. However, more than once, tenants encounter reluctant tenants who do not pay the rent or refuse to vacate the property at the end of the lease. What can be done in such a situation?
By Igal Mor, Adv. & Notary
Accuracy in Legal Advice. Excellence in legal support.
Who is a reluctant tenant?
Every person who rents a property, encounters over the years all kinds of tenants, more or less pleasant. However, as long as the tenant fulfills his obligation under the lease agreement, there is no problem. A reluctant tenant is a person who violates the lease agreement which can be manifested in various forms such as: non-payment of rent and / or property bills such as electricity or water, transfer of the leasehold right without permission in the contract (so-called sublet) and causing damage to the apartment. Worst of all, is the tenant’s refusal to vacate the property at the end of the rental period, or before that in the event of a breach of contract entitling the landlord to evict the tenant from the apartment even before the lease period has ended.
what can be done?
Many landlords believe that in the situation of a reluctant tenant they are allowed to perform various actions in order to evict the tenant from the property: change the lock in the apartment, disconnect the electricity or water services, use force in an attempt to evict the tenant from the apartment, etc. However, such acts are against the law, meaning that a landlord who chooses to take self-judgment in any of the above methods risks not only criminal proceedings against him, but also the possibility of being sued by the tenant for the damages caused by the landlord’s actions. The only legal way to deal with a reluctant tenant is by filing a claim for a rented eviction and we will immediately detail about it.
Claim for eviction
In view of the prevalence of cases of reluctant tenants, there is an abbreviated legal procedure for this claim which is required by law to be completed within 3 months. The claim, as it is called, includes only one remedy and that is the eviction of the tenant from the property. In the absence of claims on the part of the tenant which can appeal the landlord’s right to evict him from the property an eviction order will be issued and the tenant will have to leave within a period specified in the order. It is important to note, that in this lawsuit the landlord can not claim monetary compensation from the tenant and to that end, he will have to file a separate lawsuit against the tenant. If the landlord unites the eviction remedy and the compensation remedy, the claim will move from a shortened route to a regular route, which will last for many months until a judgment is rendered.
Evacuation order - execution
When a claim for rented eviction has been filed and it has been accepted by the court, the tenant issues an eviction order instructing him to vacate the property. In many cases, there is a court order to deter the reluctant tenant from continuing his behavior and he chooses to comply with the order and vacate. However, there are also cases in which a judge’s order does not deter the tenant and he remains to live in the property and cause the landlord financial damage. In this situation, the landlord may apply to the Execution for a judgment for the eviction of a tenant. If the judgment sets a date for the eviction, the Enforcement authority should be contacted only after that date has passed and the tenant has not left the property. If an eviction date has not been set, the landlord will be able to submit the application after 15 days from the date of the ruling.
Support From a Lawyer is Essential
Dealing with a reluctant tenant? It is recommended to contact a real estate attorney who will guide you on how to deal with the tenant and file a claim for rented eviction for you.
You should also seek the help of an attorney before renting the property, in order to guide you in choosing a suitable tenant so that you can reduce the risk of a problematic tenant. And it is also who will draft for you the lease which will give you effective legal protection.
