06/05/2020
May I have an Attorney prepare an eviction application and evict the tenant from a property?
Yes. ‼‼
An Attorney may prepare, serve and even be granted an Order for the Eviction of a tenant from a premises during Alert Level 4. The Order may however only be executed after Alert Level 4 ends.
It is important to understand the difference between the 'ex*****on of an eviction order' and the 'granting of an eviction order' under Level 4 Lockdown:
The Minister has stated that no person may be evicted during level 4. This is correct and this is what is considered to be an ex*****on of an eviction order.
No eviction order can be executed on until such time as the lockdown has been relaxed further and the regulations allow it.
In the interim though, landlords are entitled to consult with eviction attorneys, prepare their applications for eviction and approach the courts to have their eviction order granted. It is at this stage that they are then required to pause the process until such time as tenants are allowed to move their items and the order can be carried out by a sheriff if the tenant unlawfully refuses to leave the premises.
If you are unable to pay your rent, consult with the agent and landlord and agree on the way forward by concluding a deferment agreement.
Failure to resolve contractual obligations will result in eviction by die landlord