My landlord wants to evict me
Three years ago I signed a one-year lease for a two-bedroom flat in Kingston. At the time I was single, and from the first time I signed the lease, I’ve never been late on my rent, or violated any of the terms of the lease. Since that first time, my landlord and I haven’t signed a new lease (it should have been renewed twice by now). Six months ago, my two sons came to live with me, but last month, when the landlord realised that they were living with me, he told me I couldn’t have them here, saying that having them violates the conditions of my lease. Now I’m being evicted, he says, because the lease has expired (it expired in October 2004). I know the real reason is because of my children, but what can I do to contest this? I have a copy of the original lease which doesn’t say anything about children and most of the rent receipts for the years I’ve lived here.
– FW
Dear FW,
Thank you for your letter detailing your unfortunate present circumstance.
The first thing you should do is go and make a report to the Rent Assessment Board, which is on the 3rd Floor, 25 Dominica Drive, Kingston 5. The telephone number is 906-1765. I do not know of any landlord who can discriminate against children occupying their premises and get away with it, as long as action is taken. Landlords have the right generally to refuse to rent their premises to any prospective tenant initially without stating a reason for so renting.
You state, however, that your landlord claimed that the presence of your children was a violation to your lease, but that no mention of children appeared in it. That then is a misstatement of fact by your landlord and if indeed this is the reason for the evidence (which worries me), it would have been contrary to law and any mention of forbidding children occupancy would have been illegal.
All premises except for those exempted from its operations, fall under the provisions of the Rent Restriction Act 1944 (as amended over the years). If the premises you occupy are exempt, then your landlord would have to prove this. By Section 4A(1) (added by amendment in 1979) it is provided that no landlord shall make it a condition to grant a lease or renew or continue an existing one that no children can live with the tenant in the dwelling. By Sub-section (2) any person who contravenes the above sub-section 4A(1) shall be guilty of an offence and liable following a summary trial before a Resident Magistrate, on a first conviction to a maximum fine of $1,000. On failure to pay the fine, then the person can be imprisoned for a maximum term of 12 months. On a second or further conviction, the maximum fine is $2,500 and in default of payment, imprisonment for a maximum term of 18 months.
So you see, your landlord, by saying what he did about your children not being permitted there and then attempting to evict you is committing an offence under Section 4A of the Act. He cannot in law “evict” you anyway. When the lease expired your tenancy became a monthly tenancy.
Remember that your landlord must give you a Notice to Quit which must state the reasons for the tenant to quit, that is to say, it must state why the landlord needs the tenant out. For example, that rent is owed; that the landlord reasonably requires it for his own or for a dependent or family member, or for any person who lives with him or for a full-time employee; or, for substantial repairs to be done which are so extensive that no one could reasonably reside there during the works (like the whole roof has to be removed and replaced.) At least a full month must be given in the notice to quit.
If you do not move out at the end of the notice period, then the landlord has to apply to the Court for an order to him for recover possession of the premises. The Court will be satisfied that the Notice to Quit meets all the statutory requirements under the Rent Restriction Act (this is where your evidence regarding his discrimination against your children is relevant to this) and will certainly defeat his application. The Rent Assessment Board should assist with the prosecution of his breach of Section 4A (1).
So FW you must resist all efforts to “evict” you, as your landlord in the circumstances you have related has no legal leg to stand on. You realise, of course, that once you stand on your rights (which you should do) you will affect your relationship with him. He cannot, however, do anything in law which would amount to harassment in a bid to drive you out.
Good luck.
Margarette May Macaulay is an attorney-at-law and a Women’s and Children’s Rights Advocate. Send questions and comments via email to allwoman@jamaicaobserver.com or fax to 968-2025. We regret we cannot supply personal answers.
