can you evict someone because of unsanitary habits?

Question

I own an apartment building in Maine and some tenants are complaining of the oder coming from another tenants apartment. Can I evict them because of the oder? They won't let me in to inspect the apartment. She also lost her kid to DHS because of this and other reasons. Help. Please.

Answer 1

Touchy very touchy, make sure to consult with an attorney. You need to review the terms of your lease contract and you need to check these links.
LAWS: http://janus.state.me.us/legis/statutes/
STATE’S WEB SITE: http://www.maine.gov/
LANDLORD TENANT ACT: http://www.courts.state.me.us/faq/tenant_ll.html
State bar Association: http://www.mainebar.org/
On your state's web site you should visit the AG's site and look for pamphlets that they may have written on the subject the same for the state bar association.
Buena Suerte

Answer 2

Absolutley! It is a Health and Safety issue. I have seen how bad someplace has to be before DHS removes children and basically it is so disgusting that I cant even describe it. Seriously, I have been on visits to dirty house complalints and there were very gross houses that didn't meet the threshold for immediate harm. The ones that are within the guidlines for immediate harm were so bad I actually cried after I left. Im talking piles and piles of raw garbage, feminine hygine products strewn about, feces human and animal, jars or urine, dead rodents, etc. Get an attorney right away and start eviction proceedings before you start jepordizing the health of your other tenents. One thing that you may want to know is that your other tenants can stop paying rent at any time until you fix this problem.

Answer 3

Is your lease for a set amount of time (like a 12-month lease) or a month-to-month? The laws give much more leeway for a month-to-month lease. If an odor is coming out of your tenant's unit, then you can evict him based on the fact that it is a nuisance to other tenant's. In fact, if you do not take care of it your other tenants can do what is called a constructive eviction and let themselves out of their leases for your negligent behavior.

Answer 4

You can call County Health on her and ask them for the proper procedure to report a health risk. Once you have it documented that her place is a health hazard you should be able to kick her out, because she's wrecking your property and that's a violation of the rental agreement.

Once that's done, hire a professional cleaning crew, because if the other tenants are picking up on the stench, it's going to take one heck of a scrub-down - and probably new carpets, if there's any in there - before it's good to rent out again.

Answer 5

You must give her/him a 72 hour notice that you will be there to inspect the property. You can get in sooner if there is a possible health, maintenance issue. It sounds like you have one. I would make sure of your local laws and also call the health department and file a 8itch with them.

Answer 6

Hey wait a minute. YOU are the landlord. Check with your city or township office to find out if you have the right to inspect their apartment. I think you DO. If they won't let you tell them you are calling the police if they do not let you in. They could be doing ANYTHING in there, even brewing meth. Your house could explode.

Answer 7

You absolutely can evict them! It'll take time, but get the ball rolling. Call your attorney immediately.

Answer 8

I DONT know MAINES laws.BUT you have a right to inspect. IF THEY DONT ID seek legal counsel. AND id evict.YOU MAY HAVE a lot of repairs there. AND look you have good tenents. YOU may lose them over thies people.

Answer 9

I think you can if it affects other tenants or the property.

Answer 10

don't they have to let you in if you give them 24 hours notice? if they don't then go to the police or something.