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| Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc. |
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#1 |
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What do we do if tenant refuses to leave? He is making a huge mess and we have no security deposit. Can we sue him and get liens on vehicles or other property in small claims court for damage?
We bought a lovely farm in the spring. The tenant and family wanted to stay while we fixed it up for horses etc for my adult kids. The house was nice enough We haven't been in it since purchase although we inspected it thoroughly before purchase. The tenant was to maintain the yard, pool, etc in addition to occassional other small tasks. In May, the tenant brought his out of work brother and family in. I told him the family wasn't welcome. But he said it would only be for 'two weeks'. After that they were not gone. I told him it was unacceptable. But he begged for a little more time for them to find a place. I got angry after two more weeks when he asked for more time so he said they were moving in with his mother. Well, the brother's cars came back but tenant had excuses why they were there ie they were undrivable and only there to be fixed in their spare time etc. I saw them driving them! and I was there at all hours even though they didn't let their kids play outside much, I knew they were back. They were there in the wee hours of the morning and late at night. It is very close to my house and I drive by a lot, working on the barn, my garden there,the thistles, planting grass,.... Garbage is piling up. Downspouts are down and broken, (we have had severe flooding and it is a lovely bi level house) He no longer does the lawn mowing, the pool is green.... I gave him notice and mailed it when the brother's family was still there. The next day they and the undriveable cars were gone. But I fear what I will find if and when they finally move. There was a spray can of flourescent yellow paint in my barn house. Can I set up a court Eviction hearing BEFORE the 14 days are up to try to get them out as quickly thereafter as possible? |
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#2 |
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Top Level Member
Last Online:
Jul 23rd, 2008 10:34 AM Join Date: Jul 2007
Location: southern OH
Posts: 579
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First we need to know a few things before we can give you the correct advice for your area:
-What state, province, or country are you in? Laws differ in each and you must follow those specific to your area or any eviction hearing would be tossed out once it got before the judge. -Do you have a lease with your tenant? Any written agreement? Anything in writing that shows he is to maintain the yard or pool? Anything in writing that says the house is to be occupied by only the XX number of occupants on the paperwork? If no written agreement, he can simply state that he never agreed to do any of those things. -If you have a written agreement, have you issued any notice, in writing, that says he is in violation and needs to ________ within XX number of days (fill in the blank with: remove the extra occupants, mow the grass each week, maintain the pool, etc.)? This is normally referred to as a lease violation notice or a perform or quit notice. Some states require that you issue this notice and allow the tenant time to cure the issue before you can proceed with an eviction. -Are you in a state that allows a 14 day notice? What type of notice was this - a Pay or Quit, Perform or Quit, or Unconditional Quit notice? Is he behind on rent? (A pay or Quit is warranted.) Do you wish to terminate for his failure to deal with the above issues? (A perform or quit is needed.) Are you in a state that allows you to bypass the perform or quit for some reasons? (An unconditional quit notice is used.) Or do you merely wish to terminate his month to month or unwritten agreement (A notice to vacate will be required. The type of notice must be the correct length notice for your area.) Please repost with more information and we can advise yuou further. |
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