Evicting Joint Lessees for Uneven Rent Payments: A Comprehensive Guide
Recently, like many landlords, I had to accommodate an unmarried couple leasing a property in Ottawa, Ontario, Canada. Upon their breakup, it has become apparent that one of the parties is only willing to pay for their half of the rent. Dealing with such a situation can be challenging, but understanding the laws and proper procedures can help resolve the issue efficiently.
Understanding the Law: Joint and Several Liability
When two or more tenants sign a lease, they agree to be jointly and severally liable for all the rent. This means that each party is responsible for the entire amount of rent, regardless of the individual arrangement they might have had with each other. As a landlord, you are ultimately entitled to the full rent amount from each tenant, unless the lease explicitly states otherwise.
In the United States, the principle of joint and several liability is well-established in landlord-tenant law. Similar rules likely apply in Canada as well. Depending on the specific lease agreement and local laws, the landlord may have the option to evict both tenants if one fails to pay their portion of the rent.
Steps to Follow When Rent Payments Are Uneven
1. **Send a Formal Demand Letter:** Issue a formal demand letter to both tenants via registered mail with a return receipt. Clearly state that the rent must be paid in full each month and that failure to do so may result in eviction proceedings. This should be the first step in any legal action taken against tenants to recover unpaid rent.
2. **Remind of Joint Liability:** Inform both tenants that they are jointly and severally liable for the full amount of rent. Emphasize that the arrangement between them is separate from your contractual obligations with them as the landlord. Under no circumstances should one tenant assume they will not be held accountable if the other tenant fails to pay.
3. **Legal Action and Eviction Proceedings:** If either tenant fails to pay, or if both parties refuse to cooperate, consider legal action. In many jurisdictions, beginning eviction proceedings against both tenants is a viable option. This involves sending a notice of default and possibly filing an eviction lawsuit if the situation does not resolve.
Consulting Legal Advice
Before initiating eviction proceedings, it is advisable to consult an attorney with expertise in landlord-tenant law. A legal professional can help you draft the necessary documentation and guide you through the eviction process. In many cases, law firms specializing in evictions offer a more streamlined process and can handle all associated legal duties, reducing the burden on you.
Conclusion
Handling disputes related to rent payments can be complicated, especially when there are joint lessees involved. However, by understanding your rights, the laws in your jurisdiction, and following proper procedures, you can effectively manage such situations and protect your interests as a landlord.
Remember, the lease agreement is a legally binding document that should be followed strictly. Failure to pay rent, in this case, means failure to comply with the lease terms, which justifies the landlord’s right to terminate the lease and seek remedies, including eviction.