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When can I evict a tenant?
Eviction is often the simplest option that provides landlords with the most certainty for the removal of errant tenants, thus avoiding future rental violations.
There are a number of scenarios in which you (the landlord) may want to evict a tenant (i.e. remove a tenant from your property / land).
However, the only scenario where you can legally do so is when the tenant has breached his lease.
The types of violations that can most reasonably result in a need for eviction include:
- Not paying rent or consistently paying rent late;
- Cause damage to property; Y
- Carrying out an illegal activity that creates legal liability for a landlord, for example subletting to illegal immigrants.
If your tenant has committed one of the above offenses and you are looking to evict them, read on to find out how you can do so in Singapore.
The eviction process
To evict a tenant in Singapore, follow these steps:
- Send a written notice of termination of the tenancy to the tenant
- Obtain a court order to enforce a lease notice
- Request a possession warrant
- Evict the tenant
1. Send a written notice of termination of the tenancy to the tenant
The lease notice must explicitly state the breach of lease for which the tenant is being evicted. If the breach can be remedied, the lease notice must state how the tenant can remedy the breach to continue the tenancy.
In the event of non-payment of rent, for example, the tenant may be required to pay the rent. On the other hand, for property damage, the lease notice may require the tenant to pay the cost of repairing / replacing the damaged property.
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The lease notice must also:
- Give notice of the number of days provided in the lease for termination; Y
- Inform the tenant that they must vacate the property no later than the end of the notice period.
If this works and the tenant moves out, great. If not, having given the tenant every opportunity to comply with the terms of the lease, she can now go to court to enforce.
2. Obtain a court order to enforce the lease notice.
To enforce the lease notice, you must first obtain a judgment in your favor. If the tenant owes you rent / damages of up to $ 20,000, you may be able to get it in Small Claims Court.
Otherwise, depending on the amount owed, you may need to file a claim in Magistrates Court or District Court. Consult with your attorney if you have questions.
3. Request a possession order
Once you have a court order that requires the tenant to pay you a certain sum, and assuming the tenant refuses to comply with that court order, you can enforce the order by requesting a possession order.
A possession order will allow a bailiff (a court enforcement officer) to take possession of the items belonging to the tenant to recover the debt owed to him.
In the event of eviction for non-payment of rent (unlike any other reason for eviction), the court will give the tenant 4 weeks to pay all the rent owed. If the tenant fails to do so, the court will grant the request for the possession order.
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For cases involving other reasons for eviction, the tenant also has the right to file an application in court to resist the eviction. The court will then decide whether to grant the possession order.
If the court grants an application for a possession warrant, it will issue a Notice of Eviction to the tenant, informing them of the date and time they must vacate the property / land. You will also be informed of this date and time by appointment letter issued by the Sheriff.
4. Evict the tenant
On the date and time of the eviction, you or an agent must be present at the property for the execution of the court order and the eviction.
The bailiff and / or bailiff (authorized by the bailiff to execute court orders) will also attend and enter the property by force, if necessary. You will need to pay an attendance fee for them to attend.
They will deliver the papers to the tenant, make an inventory of all items in the property, confiscate the items that will be sold to satisfy the tenant’s debt to you, and evict the tenant from the premises.
Tenants who remain on the premises after the end of their tenancy may be charged double the rent without notice until they have vacated the property.
After eviction
After a successful eviction, the tenant is not allowed to re-enter the premises without your permission.
It is advisable to change the locks before leasing the property to a new tenant in case the tenant has made copies of the keys.
Alternatives to eviction
Eviction is a drastic option that you may want to leave as a last resort if the tenant is trustworthy.
However, if the tenant stopped paying the rent and continues to live in the property, but you are not yet ready to deal with the hassle of finding a replacement tenant, an alternative is to request a relief order.
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This is a court order for the tenant to pay your rent and allows you to have a sheriff confiscate the tenant’s possessions and keep them until you pay the rent, or sell them to cover the cost of the rent if you don’t. It also allows the lease to continue and the tenant to continue living in the property.
For more information, see our other article on how to request a relief warrant.
If you need legal advice to evict a problem tenant, consult an attorney.
This article was first published on SingaporeLegalAdvice.
