HOW TO: Give someone notice to leave property in Jamaica

In Jamaica, when considering to terminate occupancy of your premises, one needs to serve a notice upon the occupant. To ‘serve a notice’ means that a notice to quit is written up and given to the occupant you want to leave/ quit the premises.
Below is the notice to quit/ eviction notice form you can use is available for you to download and use. You must fill in two such notice forms. Therefore two forms appear on one sheet below – after you have filled them both in, please cut in two, and after handing one to the occupant, keep the other for yourself. Here are the stages thereafter.

STAGES:

Using the instructions on the side, fill in both forms completely.
Once filled in, you are expected to give one to the occupant, and secure the other one. Note the difference between tenant, occupant, licensee. If the person is not a tenant, simple cross out that word and write the relevant word – occupant or licensee above it and initial.
The Rent Assessment Board advises that the notice can be placed on the door.
Once the forms expire, and the occupant has not vacated the premises, please take your copy of the notice and go to the nearest court nearest to the premises, and the court clerks / registry will assist you in filling in court forms, and applying for a summons to get an hearing before the Judge.
Please note, you may also choose to hire an attorney-at-law to handle the court proceedings for you.

Download eviction notice/ notice to quit form here:

Download (PDF, 46KB)

Words like squatter, tenant are used loosely to describe occupants in Jamaica WI. However when you approach the Court, for action against any occupant, you need to be very sure what category the occupant falls under, or your case can be thrown out.
Civil court is about procedure and from the onset it is important to know the basics to set the proceedings right.
Here’s a brief description on who a squatter, tenant and licensee are.

TENANT:
refers to anyone or any group that rents and occupies premises whether land, a house, an office, from another for a period of time. Tenants can be commercial or residential. A tenant can also be a lessee.

LICENSEE:
refers basically to anyone or group of persons who enter and occupy premises with the permission of the person or persons with authority to do so, but pays no rent. Examples include a relative or a friend.

SQUATTER:
refers to someone who having entered premises without expressed permission and in some cases without the knowledge of the owner, remains/ settles pass the time of being considered a trespasser under civil law.
*The squatter unlike the tenant and licensee has no contractual obligations.

USEFUL INFORMATION:
You may visit the Rent Assessment Board while in Jamaica at The Towers, 25 Dominica Dr Kingston 5, Jamaica West Indies. OR Call them at 876-906-1765, 876-926-1590

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EDITOR’S NOTES:
The above does not constitute legal advice. Inhouse senior journalists research and discuss with specialists eg attorneys-at-law, as necessary before posting responses. In conclusion, names are changed at times by request.

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