I own a 2 family home and live on the first floor. My tenant's have a lease that ends on June 30th. I've already told them I will not renew. They've been looking and I thought they had a new place to go, but now tonight the police were here and he was taken to the hospital for drug overdose. He has been in rehab four times since the first of January. How can I get him out of here when he can't keep himself out of rehab long enough to get his mess here cleaned up and leave. It's getting so I fear for my own safety with him here. It's an ummarried couple with 2 babies.
2007-03-20 22:00:26 · 8 answers · asked by Classy Granny 7 in Business & Finance ➔ Renting & Real Estate
Did you state on your lease about drug use?
If so you can evict him for breaking the lease.
If not you will have to catch him for something else. And keep a good record of date and time w/ a written notice. Keep doing this and give him a first warning, second and eviction. You will have to look at your lease and see ways to evict him. This may goto court so keep a record.
Did you indicate on your lease that his living area has to be habitable? Is it really really dirty? If so you can also use this against him.
You should always make your lease as strict as possible for situations like these.
I regret not checking up on my tenants unit. Now they have left and have trashed the place so bad. Always do quarterly inspections.
2007-03-20 22:14:00 · answer #1 · answered by Mike 2 · 1⤊ 0⤋
His being unable to complete rehab has nothing to do with his tenancy.
You may be fearful, but so far he is hurting himself, not you. You don't have any proof that he did illegal drugs on your premises or that any drugs that he does do are illegal. He's just a screw-up, and other than being annoying, it's not hurting you.
You didn't say he threatened you, broke down your door and stole your electronics to sell so he could buy more drugs, got caught dealing drugs in his apartment, got into a shoot-out on your front lawn, etc. Stuff like that makes for genuine fear. A runaway imagination does not make a situation dangerous.
You need to find out the legal process for not renewing a lease in your area and follow it. If he stays past the expiration after proper notice of non-renewal, you can file in court to evict based upon him being a hold-over tenant. You may have to give him notice first, but it can be done.
Since you are in a two-family home, you have an advantage. In larger buildings, many times simple non-renewal is not enough to terminate a tenancy.
"The best way to get someone out is if they are even a day late on rent that's enough excuse to get them removed."
No, it's not. Almost everywhere, payment of the rent will allow the tenant to stay.
"Not only that but the court can force them to pay what is owed to you."
No. What the court can sometimes do is enter a judgment, but the action is for posession. The courts are not collection agencies.
Most people who have a situation where it takes months and months to properly evict a tenant are in that situation because they did not follow proper procedure. Don't be one of those people.
2007-03-21 07:18:41 · answer #2 · answered by BoomChikkaBoom 6 · 0⤊ 1⤋
Ok, my Mom has been in this situation several times. Actually I recommend you pick up a copy of her book. You can order it through her myspace, which I will list below. But from what I've seen, you need to write up an eviction notice. The best way to get someone out is if they are even a day late on rent that's enough excuse to get them removed. Not only that but the court can force them to pay what is owed to you. If they fail to follow the eviction notice you take it to court. The court can rule that they remove themselves from the premises. You may be able to put their stuff in a storage locker at their expense, which is something I would bring up in court. Tenants rights can be kind of funny. My Mom has had someone stay in an apartment for a few months before she was able to get them out. Just remember the quicker and more aggressive you are with the courts the quicker you'll get the guy out. Good luck!
2007-03-20 22:14:20 · answer #3 · answered by Adam P 2 · 0⤊ 0⤋
In Canada, if the rent is late you can give him notice to pay within 5 days. If he doesn't you can then send an eviction notice. Contact your local Rental Tenancy Agency to see what your rights are. It is difficult as the laws are mainly on the side of the tenants. Make sure whatever you do, that it is in writing, verbal is not always enough. But check first, what the best way to go about this is. There is a way, you just have to find out how you can do it legally. Good Luck.
2007-03-20 22:18:40 · answer #4 · answered by Sue 2 · 0⤊ 0⤋
If the overdose occurred on your property, yes, draw up eviction papers. Have him served in the hospital. Give him a deadline for packing up his stuff and moving. He has the option of getting a family or friend to do so.
And tell him the deposit will not be returned because you have to make the place habitable again. This means having a drug sweep because funny smoke has a way of permeating ceilings and walls.
He was your tenant, not your ward.
2007-03-20 22:19:47 · answer #5 · answered by Venita Peyton 6 · 0⤊ 0⤋
good luck -we had the same problem in the UK and it took months. maybe you'll have to get the police if her turns nasty. They have rights and it is really hard to get rid of someone who won't leave. ask CAB for advice- sorry I can't help more
2007-03-20 22:03:26 · answer #6 · answered by rose_merrick 7 · 0⤊ 0⤋
it depends on the state but usually no more than a month.
2007-03-20 22:18:27 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Give the place to him.
You will be a better man, and will be blessed for it.
Just do it.
.
2007-03-20 22:03:26 · answer #8 · answered by Anonymous · 0⤊ 2⤋