EVICT A TENANT
Evict a tenant correctly; in the law, a landlord must have a good legal reason to evict a tenant. This includes: if the tenant does not pay rent or frequently pays rent late, if the tenant or the tenant’s guests damage the premises or disturb others tenants, or if the landlord requires the unit for their personal use. Although a landlord may have a valid reason to evict a tenant, if the tenant refuses to move, the landlord cannot evict the tenant without going through the proper legal steps. The first step is to give the tenant a written notice that states the reason for the eviction and gives the tenant a specific time frame to move out.
If the tenant still does not vacate the premises after that time frame, then the landlord can file an eviction lawsuit with the court. Once the court issues an order of eviction, law enforcement will remove the tenant from the premises. If you are a landlord who needs to evict a tenant, it is important to consult with a qualified attorney to ensure that you follow all the proper legal steps. At LawInCabo, our experienced attorneys can help you through every step of the eviction process.
If a landlord wants to evict a tenant, the first step is to give the tenant a Notice of Termination form that states the reason for the eviction and when the landlord can start legal action at the Landlord and Tenant Board. The type of notice form and the number of days that a landlord must wait before applying to the Board will depend on the reason for eviction. Notice forms and instruction kits are available from the Board.
In some cases, a landlord may be able to evict a tenant without going to the Board. For example, if a tenant is behind in rent or has caused damage to the rental unit, the landlord can evict the tenant by giving them a notice to end their tenancy. However, if the tenant doesn’t leave voluntarily, the landlord will still have to go to the Board to get an eviction order. As a result, it’s always best to consult with a lawyer or law firm prior to taking any steps to evict a tenant.
The landlord must fill out a form called an Application to Terminate a Tenancy and Evict a Tenant, and file it at the Board together with an application fee. The staff at the Board office will set a date for the hearing and prepare a Notice of Hearing form while the landlord waits. At the hearing, both the landlord and the tenant will have an opportunity to present their case before a decision is made.
If the Board decides in favor of the landlord, an Eviction Order will be issued. The landlord must then arrange for law enforcement to be present on the day of eviction to ensure that the tenant is removed from the property peacefully. Evicting a tenant in Mexico can be a complicated process, so it’s important to seek legal assistance from a qualified lawyer before taking any action.
If a landlord wants to evict a tenant in Mexico, the landlord must deliver a copy of both the Application and Notice of Hearing to the tenant at least five or ten calendar days before the hearing, depending on the basis for the application. For example, if the landlord is evicting the tenant because the tenant is engaged in an illegal act involving trafficking, it is five days, if the reason for the eviction is for non-payment of rent, it is ten days.
After the hearing, if the judge decides in favor of evicting the tenant, then the eviction process can proceed. The landlord must follow specific steps and procedures in order to lawfully evict a tenant in Mexico. It is advisable to consult with a law firm specializing in evictions in order to ensure that all steps are followed correctly and in compliance with Mexican law.
The form must be signed by the landlord and notarized. The landlord must also provide proof that they served the tenant with the eviction notice, such as a copy of the certified mail receipt or a witness statement. If the landlord does not follow these procedures, they may not be able to evict the tenant.
If a landlord and tenant are not able to resolve their differences, either party may request that the Board appoint a mediator. The mediator will contact both parties in an effort to help them reach an agreement. If mediation is unsuccessful, the matter will normally go to a hearing. At the hearing, both parties will have an opportunity to present their evidence and argue their case before a panel of members of the Board. If the Board decides that the tenant should be evicted, they will issue an Eviction Order. The landlord must then evict the tenant in accordance with the law.
If you are a landlord looking to evict a tenant, it is important that both parties attend the hearing. If the landlord (or their representative) does not attend the hearing, their application may be dismissed. Similarly, if the tenant (or their representative) does not attend, the Board member may make a decision in their absence.
While it is not mandatory for lawyers to be present at hearings, we would recommend retaining the services of a law firm familiar with eviction proceedings in your area. At LawInCabo We understand the importance of attending these hearings and will do everything we can to ensure that your case is resolved in a fair and efficient manner.
A landlord cannot evict a tenant or change the locks without the police being present. If you are a landlord in Los Cabos and need to evict a tenant, it is important to seek legal advice from a reputable law firm. Mexico has different laws and procedures for evicting tenants, so it is essential to ensure that you are following the correct process. Landlords who try to evict tenants without following the proper procedure can face severe penalties.