Another eviction order secured for Property Protect® client
- Property Protect
- 4 days ago
- 2 min read
Good tenants should be treated like gold, but bad tenants must be evicted urgently to minimise your financial loss. Yesterday, we celebrated another win for our landlord client, securing an eviction order against his stubborn tenant who had stopped paying rent.
The case was anything but straightforward. When a bad tenant stops paying rent, they try anything to delay eviction. Unfortunately, eviction laws and the court system often favour the tenant, and our eviction lawyers had to persevere through three postponements to get the order.
The eviction process relies on a report from the municipality detailing how it intends to provide temporary housing to the tenant once evicted. As with many state entities, getting the municipality to do its job takes persistence. But our team's experience with eviction law showed determination not to let the municipality delay the process any further - arguing that as this eviction fell under section 4(6) of the P.I.E. Act, not section 4(7), the municipality's report was irrelevant. We convinced the Magistrate not to tolerate any further delays by the municipality, and secured a costs order against the municipality.
What do you do when a tenant won't pay rent?
For landlords, the lesson is simple: do not give up when an eviction becomes difficult. The process can be frustrating and time-consuming, but with the right legal representation, it can be brought to a successful conclusion. A successful eviction depends on experienced attorneys who know the process, and who do not simply allow the Courts to favour the tenant unfairly.
How do you evict a tenant lawfully?
Remember: the only lawful way to evict a tenant is by obtaining a court order. Interfering with the tenant's use of the property is a crime under the Prevention of Illegal Eviction (PIE) Act. For example, it is illegal to:
change the locks to keep the tenant out
revoke their gate or security access
switch off or limit their utilities without a court order
start renovating the property, remove the front door, etc.
put other tenants into the property
If you need assistance with an eviction, contact Property Protect® and let our attorneys handle the process for you. Property Protect® also offers full rental management services to landlords, to help you make property investment passive again.
Property Protect® is a service by Maybery Attorneys Inc.
Contact us today to protect your property from bad tenants.
The above information is for illustrative purposes only and does not take into account your specific circumstances. It therefore does not constitute legal or financial advice. Please contact us for comprehensive advice to address your circumstances. Under no circumstances should any person use the above information in an attempt to circumvent the provisions of legislation or contract, or to cause damage to any other person. Always ensure you and your company are in compliance with the law in all dealings. This information is accurate as of the date of publication. Property Protect is not insurance and does not pay out any claim amount. It is a Value-Added Service (VAS) provided at a discount, directly from our law firm. © 2026 Maybery Attorneys Inc. All rights reserved.
