Page 3 of 3 [ 38 posts ]  Go to page Previous  1, 2, 3

Fnord
Veteran
Veteran

User avatar

Joined: 6 May 2008
Age: 64
Gender: Male
Posts: 52,262
Location: Stendec

06 Aug 2021, 4:07 pm

Nades wrote:
For my pants crapping tenant it's a breech of leaving the property vacant for longer than 30 days and asking the neighbours to pimp out their female friends via unwarranted knocks on the doors.

Luckily a trustee pays his rent which I intentionally overpriced (no wonder). It's no surprise I'm dragging my heels with evicting him but I have a few grounds to boot him out with.

I suppose my case is not sleaziness. Even other tenants in the street want him evicted but yeah, a tenant paying rent can still be evicted.
You are showing exceptional patience and compassion toward that tenant.



demeus
Veteran
Veteran

User avatar

Joined: 24 Jul 2007
Age: 47
Gender: Male
Posts: 675

06 Aug 2021, 4:14 pm

In the United States, a landlord can simply tell you that they are ending the tenancy once the lease ends (or end a month to month tenancy) by giving you proper notice (usually 30 - 60 days prior to end of tenancy). At that point, the tenant must move out. A lease only converts to month to month if no notice is given and neither party takes any action at the end of the old lease. By giving the notice, the tenancy ends and if the tenant does not leave, the landlord can evict.

The only other reasons a tenant can be evicted for other than not paying rent is if they violated the lease (smoking in a non-smoking apartment, having a pet (other than for health/disability reasons) when the lease says no pets, etc.) or the tenant is committing a crime that the landlord can prove. In these instances, the landlord has to prove these violations. The criminal ones are brought to court quickly because of nuisance ordinances which can get the landlord into trouble. Lease violations are rarely brought to court because they might be hard to prove and the landlord would just rather wait out the lease and then terminate at the end (which is easier to do) and they ding the security deposit for any damage as a result of the violation.

So yes, a person can be evicted even if they are paying their rent on time. Most cases though are for non-payment of rent or failure to leave at the end of tenancy.



demeus
Veteran
Veteran

User avatar

Joined: 24 Jul 2007
Age: 47
Gender: Male
Posts: 675

06 Aug 2021, 4:19 pm

I doubt the renewed moratorium will even last until October 3rd unless Congress acts (which is a big if IMHO). More likely, SCOTUS will ax the moratorium as they threatened to do in June. Biden and the CDC is hoping to buy some time while the cases wind through the courts (and may lean on the DOJ to try to delay those cases in an effort go buy more time) and then the evictions will continue. Is this moratorium legal, probably not but until it is declared invalid by a judge, it can be enforced.

Now, question is, will some state judges and county sheriffs offices state that the moratorium is illegal and go on with evictions as usual? Can Biden and CDC stop these evictions at the local level and are they willing to commit force to do so?



Nades
Veteran
Veteran

Joined: 8 Jan 2017
Age: 1931
Gender: Male
Posts: 1,437
Location: wales

06 Aug 2021, 4:55 pm

Fnord wrote:
Nades wrote:
For my pants crapping tenant it's a breech of leaving the property vacant for longer than 30 days and asking the neighbours to pimp out their female friends via unwarranted knocks on the doors.

Luckily a trustee pays his rent which I intentionally overpriced (no wonder). It's no surprise I'm dragging my heels with evicting him but I have a few grounds to boot him out with.

I suppose my case is not sleaziness. Even other tenants in the street want him evicted but yeah, a tenant paying rent can still be evicted.
You are showing exceptional patience and compassion toward that tenant.


I am. Luckily the gas certificate is running out this week on the house and I'll send the boiler engineer out to check on the boiler (check for cockroaches, maggots and rats). Once he finds an issue with the boiler (cockroaches, maggots and rats) I'll have another legal ground to evict him with.

It all comes full circle in the end I guess. Might as well obnoxiously breech tenancy laws and crap in his toilet for the cherry on the cake because my respect for him is that low.

*preparing my eviction notice*



Axeman
Veteran
Veteran

Joined: 5 Aug 2021
Age: 44
Gender: Male
Posts: 1,235
Location: USA

goldfish21
Veteran
Veteran

User avatar

Joined: 17 Feb 2013
Age: 39
Gender: Male
Posts: 14,950
Location: Vancouver, BC, Canada

14 Aug 2021, 1:54 pm

Fnord wrote:
Nades wrote:
For my pants crapping tenant it's a breech of leaving the property vacant for longer than 30 days and asking the neighbours to pimp out their female friends via unwarranted knocks on the doors.

Luckily a trustee pays his rent which I intentionally overpriced (no wonder). It's no surprise I'm dragging my heels with evicting him but I have a few grounds to boot him out with.

I suppose my case is not sleaziness. Even other tenants in the street want him evicted but yeah, a tenant paying rent can still be evicted.
You are showing exceptional patience and compassion toward that tenant.


Someone recently told me a variation of this about my dealings with my friend's commercial tenant.

Background: The guy who said it to me is an extremely high earner in the tech sector. Someone you view as a quiet professional type vs. advocate for.. impatience.

Anyways, he listened to an audio recording I sent him, twice, of a conversation with the tenant and then phoned me to say. "goldfish (not my real name lol), I don't know how you have the patience to deal with this guy. If it were me, I'd have paid some random guy off the street and told him to break his f*****g legs." :lol: :lol: :lol:

Surely he wouldn't have Actually done that and I'm posting here because I'm not going to do it, either, but it was funny! Instead we're going through all the legal motions and may be able to legally have the locks changed by the end of this coming week. Time will tell.


_________________
No :heart: for supporting trump. Because doing so is deplorable.