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<... |
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unknownspiritx5 | My tenant hasn't paid 4 months of rent, and doesn't want to leave. What do i do? |
So I have a one family house and fixed up the basement with a shower, kitchen and living space for rent. I got a tenant about a year ago, but recently (4 months) he kept delaying the rent payment and now I want him out. However he doesn't want to leave, and threthnens to call the police saying that he will tell the police how unlawful it was for us to rent him the place in the first place.
What do I do? Should I call the police myself? I really don't want him living in my basement anymore because he doesn't pay the rent (which is a part of what I need to pay off my mortgage which is $3000).
I need some advice. Thank you |
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Eye_Mac
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If there is no contract or lease and his name is not on any of the utility bills then hire a couple of guys and move his stuff out, then change the locks. Let him call the police, you simply dealt with an unwelcome quest who overstayed his welcome and wouldn't leave. |
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lucky4341
 |
Call the police yourself. You win either way. He either owes you money, or he's not actually renting the house from you and is illegally on your property.
He can't live there for free. It doesn't work that way. |
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Dannygirl
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If it's your place, you can make him leave. The police are more likely to be on your side if you have an unwanted tenant. Give him a notice that he has to leave in 30 days. Check with your local housing authority for specific rules and rights. |
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James D
|
It is not that simple, if you call the police they will do nothing. If he is a tenet that is renting from you, then the apartment is his place of residence. And, in a case like this, the police cannot make someone vacate their residence. You must evicted him from the property. To do this you must get a court order. Anytime someone receives mail at a particular location, it is consider their place of residence. Typically the tenet is given 30 day to vacate the premises. You will have to take him to small claims court to get the rent that is past due. Good luck. |
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halfadozen1984
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Call the cops and have his punk a** kicked out. Then call a lawyer and tell your story let them decide if you should try to get the money or just write it off. |
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skiingstowe
 |
Hi,
I see a lot of great answers here, but wouldn't you rather take a stun gun to his nadlies right after he gets out of the shower!!!! All that water and electricity should light him up like a Christmas Tree, and after all tis the season! Thought you could use a laugh with the stress you are under right now.
But on a more serious note* Renting a room in your house (basement) gives you greater power getting the dirt bag (did I say that?) out. Read your Landlord Tenant laws which you can find at your local library. Then stick it to him legally... so to speak. I really do like the stun gun method myself. Can you just imagine the look on his face when his twigs and berries start a glow'n...... priceless! |
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prop4u
 |
your first mistake is waiting 4 months, what does your contract say? It should have an out for either one of you... if he would want to leave, 1 month advance notice, if you want him out 1 month notice... redo your contract for the next tenant... sadly enough the law works for him... call the cops, take him to court and evict him... may take 3 to 6 months... |
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CHER1972
|
I don't see how it is unlawful for you to rent them the space. And if they are not paying their rent on the due date, or within a specified grace period along with the designated late fee (all this should be stated in your lease agreement with the tenant), then THEY ARE VIOLATING THEIR LEASE AGREEMENT and you have every right to evict them. If you do not have a lease agreement with the tenant, you STILL HAVE THE RIGHT TO EVICT THEM since their name is not on the deed of your house.
GOOD LUCK TO YOU! |
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Musicman812
|
Go to google.com and search (Tenant Landlord Law (Your State))
What you need to do is send him an eviction notice and keep a copy for yourself-- 3-days to vacate or pay full rent (4-months). If he doesn't pay rent, then you can legally evict him.
You have rights as a landlord and he's over-stayed his welcome.
You can call the police as well.
He's staying in your house as a renter, so whether or not there's a written contract, it is in fact implied and any court would find in your favor -- he's taking advantage -- and he'll owe you 4-months rent when all is said and done.
Him threatening to call the police shouldn't worry you either. If he does, stay calm and explain your side.
As of 3 months, 27-days ago, he's trespassing.
Make sure you look over your state's landlord rights before making any moves. If you're confused, there are landlord/tenant lawyers that can help too.
I do believe if you've given him notice, if you call the cops, they'll remove him b/c he's trespassing.
You're renting him a unit -- he's not paying rent -- he has no right to occupy the unit.
I am curious though -- what would be so unlawful about renting him a spot. And if he knew it was unlawful from the beginning, why did he rent from you?
Idle threats if you ask me.
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vlvtnrbt
 |
Contained within these answers are most of the pieces of the truth. 1) sounds like you have a professional tenant on your hands (See movie "Pacific Heights")
2) If you did not get a certificate of occupancy from your building department , then technically you have an illegal apartment , or an illegal conversion. The illegality may be that you did not get proper building inspections, or that it may be a safety violation to have a cellar apartment or that you may not have a rental property in your neighborhood without getting a variance from, the town planning board.
This is significant because you will not be able to recover unpaid rent from your tenant. Your tenant probably knows this and the longer he stays put, the more free rent he gets.
3) You need to evict your tenant, Since you are a neophyte landlord, I suggest you find a lawyer who specializes in fixed fee evictions. The steps to a normal eviction for nonpayment are : The proper service of the correct "Pay or Quit Notice" for your state or jurisdiction.(During which time the tenant can pay all the rent due (don't accept any partial payment or you will have to start the process all over.)) after the correct waiting period , you get a hearing date and the tenant has to be properly served notice of this. In many jurisdictions evictions for nonpayment are fast-tracked and in our state the judge is supposed to require the tenant to deposit the disputed amount of the rent with the court clerk before he hears the case , and otherwise he is supposed to find for the landlord. In some cases the judge may order the landlord to accept payment, but if the tenant is brought to court again for nonpayment he is automatically evicted.
If you have a Month to month tenancy agreement, (No lease) you should also give the tenant his 30 day notice to vacate which the tenant cannot dispute. and you will be able to get an eviction for illegal holdover. Once the judge finds for the landlord the tenant is usually given 72 hours to leave the premises. If the tenant doesn't leave or does not remove all his belongings the landlord pays a marshall or sheriffs deputy, to supervise other people hired by the landlord to remove the material from the premises (That's where the tenant's stuff is put on the curb). In an efficient jurisdiction and with a good lawyer the whole process can be accomplished in as little as 2 weeks though a month is more common.
4) even if you can't recover unpaid rent you can collect for damages and the costs of the eviction other than the lawyers fee. (and if you have a "prevailing party" clause in your next rental agreement you can collect for that as well) |
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Luann Kubler
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First of all to all you fools out there that rent illegal apartments. Did I say ILLEGAL. Wether it is legal or not you must take the tenant to court. And a Judge will decide on how much time the tenant has to vacate. also remember that most conversins of basements are ILLEGAL, and plays against the owner.And for the idiopt that said to put his stuff oft and change the locks. That is an ILLEGAL eviction.......oppps there is that word again, and correct me if I am wrong it is always on the owners side not the renter. |
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