Can I evict tenant without prop Mgmt knowing?

Question

Hello,
I’ve got a client who is working with a PMC but hasn’t been managing it well. She’s asked for eviction previously (because of tons of tenant damages) but the PMC has not moved forward. Just last week the tenant got arrested in front of the house (allegedly on narcotic & gun possession) & now my client really wants them out.

Can she go over the PM and file an eviction without informing them? Or is she better off cancelling the contract & performing the eviction herself after the PM contract is void?

I appreciate any insight

Ben Zimmerman · Answer

I'm no lawyer, but I'm confident that "because they were arrested" is not grounds for an eviction, ESPECIALLY in tenant friendly states such as California.   Just because someone is arrested doesn't mean that they are guilty.  Filing eviction papers for a non-evictable offense could cost the landlord many thousands of dollars in a lawsuit.  However as important as the legal aspect of the situation is, it actually doesn't really concern me.

Instead, I am concerned about a more basic matter, which is that the owner and PM appear to not be on the same page.  Is the PM actually not managing the property very well, or is the owner being overprotective of their investment and naively assuming that every tenant will take just as good of care of the property as the owner did?  Things breaking is a natural part of land lording.  Unless the tenant is purposely destroying the property then it's likely not grounds for eviction in the first place.  Bill the tenant for damages, fix the damages, and move on with life.  They need to sit down together and figure out where the disconnect is with management expectations.

Why are they paying a PM company if they aren't going to let them manage it?  Either fire the company or stay out of their way.  While the scenario provided lacks way too many details to make an informed decision, my gut reaction is that they need to stay out of the way.

Richard F. · Answer

Aloha,

First and foremost it matters who the parties to the Rental Agreement are. Just because you are an owner, you do not automatically have standing for this scenario. All of our Rental Agreements are between the Tenants and our Company; and our Management Agreement states that we are contracted "to manage the premises".

The Owner needs to have a sit down with the PM and find out what exactly is going on. Is the Owner very familiar with local eviction laws and the notices and timing that are required? Are they privy to communications with the tenant and have a full grasp of what the issues are? Has the tenant been invoiced for the damages, and how were they documented? Have the Owner's instructions/requests to the PM been in clear, concise writing, or just verbal?

Chris Davidson · Answer

@Edgar Gascon need to see what the contract states. Will also depend on local laws, but would find it hard to believe that an owner couldn't start the eviction process. Put them in touch with a RE attorney as sounds like they are going to need one anyways and dealing with the PMC will just be another line item on their invoice.

Best of luck!

Brandon Vanderford · Answer

@Ben Zimmerman makes several strong points. I have worked with rental owners who have directed me to evict tenants with insufficient legal grounds; in those situations, I am unable to comply with the request. Of course, it is essential that the PM keeps communication clear with the owner regarding the issue (I usually suggest in these situations that the owner not renew the tenant's lease). But there are likely two sides to this story. It seems likely that communication between the PM and landlord is not ideal. The owner might consider self-management at the end of the PM agreement.

Bob Stevens · Answer

Its YOUR property, you can do whatever you want to protect YOUR investment.

Nathan Gesner · Answer

This is true, but there may be grounds for termination of the lease. I've done this many times over the years. I had one tenant was caught downtown with meth and other drugs in his vehicle. It's safe to assume he also has drugs in the rental. I gave him a 30-day notice and he vacated. I had another Tenant that attempted to steal a dog at gunpoint. There was a 9-1-1 call where he can be heard threatening to "blow your f***ing head off" and other colorful threats. He jammed the gun in a woman's mouth, then pistol whipped her. I gave him a 30-day notice, he complained that he was innocent, I stood firm, and he left. He was recently found guilty and will be sentenced soon.

Would my termination stand up in court? I don't know. But I've never been challenged on it and my attorney doesn't seem too worried that I'm abusive about it, so I still have it in my lease that criminal activity - even without a conviction - may be grounds for termination.

Theresa Harris · Answer

Why keep paying the PM if they aren't doing a good job?  Fire them and start the eviction for the tenant.

Caroline Gerardo · Answer

The PM is also into drugs?

Owner may need PM to appear? Does owner have all the records and downloaded/printed copies?

Kim Meredith Hampton · Answer

@Edgar Gascon i think it would really depend on what the mngt agreement states or outlines. I really don’t think it’s a big deal for the owner to go ahead and file the eviction. Make sure they have all their paperwork; lease agreement, payment ledger. application and the 3 day or 7 day notice the posted on the tenant

Can I evict tenant without prop Mgmt knowing?

Most Popular Reply