how do I evict tenant? - Landlord Forum thread

how do I evict tenant? by betty (ma) on June 11, 2012 @12:54

I have a tenant who is living with his mom and is disable. They live on the second floor but and the apartment is not handicapped accessible. The handicapped individual never leaves the apartment and it has been two years. Once in a blue moon he might go to the steps. I don't want them living there because I suspect a possible drug activity and it is not safe for the handicapped man to be living on the second floor when it is not handicapped accessible in case of fire or emergency. What can I do to get them out.

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Re: how do I evict tenant? by Bryan (Ia) on June 11, 2012 @13:04	[ Reply ]

You cannot evict for the disability. You cannot evict based on your suspicions.

Re: how do I evict tenant? by Jake on June 11, 2012 @13:10	[ Reply ]

What state are you in? Is your tenant on a 12 month lease or just month to month? If month to month you may simply send a notice of nonrenewal. Usually 30 days will do it but it will depend on your state requirements some are 60 days. You will send a notice by certified mail. The day that you mail it, deliver another by hand and give the bad news in person if you feel the need. You can use whatever excuse you want. It should be enough to simply say that you do not want to rent the space again and will be converting it to your own personal use for storage and for out of town guest. Like...I do not have any place to store some furniture and junk and I need to keep a place for out of town quest. These excuses will be hard for your tenants to mount an arguement against. Set a firm date and stick to it. When the final day arrives and they are still there because no one else would take them, you can begin an eviction. You are not running a homeless shelter or drug distribution center, so do not feel bad about it. You should probably consult an attorney for the eviction who will charge a flat fee. Shop it around.

Re: how do I evict tenant?

Re: how do I evict tenant? by Awesome LL (MN) on June 11, 2012 @13:11	[ Reply ]

You can't just go up and evict him if he hasn't done anything wrong. You can talk to him and see if he wants to move and voice your concerns about him living there, but you cannot get right of him. When his lease is up, you can decide not to renew it, however. I'd inform him of your decision right away and say you won't charge any early lease termination penalties if he decides to leave earlier if you want him out that badly. But to answer your question, no, I do not believe you can evict someone for suspected illegal activity in another apartment. He hasn't done anything wrong.

Re: how do I evict tenant? by Anonymous on June 11, 2012 @13:36	[ Reply ]

I think there is more here than you are saying. Sounds like you are trying to make a case with us readers about why you want him out, without giving any solid reasons. You suspect there might be drug activity. Yeah, you want them out. In case of fire or emergency, if he gets himself out to the steps to sit on them, then he can scoot down fast on his rear end to get out of the place if there is a fire. What's your hidden agenda? You've been given good advice here.

Re: how do I evict tenant? by u on June 14, 2012 @17:50	[ Reply ]

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