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Legal issues with basement rental
I have renters who moved in 4 months ago. (They live in my basement apartment) they have broken many things in my contract and have now said they plan on leaving in a month. Our contract is a year long. They said if I show there place for future renters they will get authorities involved. I want to evict them and sue them for the many things they have broken in my contract but I have one concern. I’m not sure my place is for sure legally able to be rented out to 2 adults and 5kids! I need help on what to do and who I may need to talk to.
#2 All Forums Contributor
- Investor
- Virginia
Quote from @Michael Mcdonough:
I have renters who moved in 4 months ago. (They live in my basement apartment) they have broken many things in my contract and have now said they plan on leaving in a month. Our contract is a year long. They said if I show there place for future renters they will get authorities involved. I want to evict them and sue them for the many things they have broken in my contract but I have one concern. I’m not sure my place is for sure legally able to be rented out to 2 adults and 5kids! I need help on what to do and who I may need to talk to.
Get an attorney involved. Based on your message it appears this is very stressful and something you are not experienced in. Let the tenants know going forward all communication should go through your attorney.
The other option is to get a property manager involved as well, but at this point i would go right to an attorney.
#2 Managing Your Property Contributor
Take the emotions out of it. If they are crappy renters (which it sounds like), be thankful that they are leaving early. Let them leave, repair any damages they did (from their deposit) and get it rented to the next tenant after you find out a few things. If you aren't sure if it is a legal suite, find out if permits were pulled (or needed) when the kitchen was put in. Talk to the city to see what is needed for a suite and then go through the check list.
for tenants, I'm not sure I would have rented a basement suite to a family of 7-that's asking for trouble giving the size of the space.
Is your basement apartment up to code?
If not, you may have legal issues trying to evict these tenants.
If yes, just get rid of them and appreciate that you got a cheap lesson to learn from.
#5 All Forums Contributor
- Contractor/Investor/Consultant
- West Valley Phoenix
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#5 All Forums Contributor
- Contractor/Investor/Consultant
- West Valley Phoenix
This is on you. Allowing a family that large in a basement apartment is no bueno and you probably knew it.
Do the basement windows have proper and legal eggress? If not, you need to be bery careful.....if they get the City involved and you have violated Code, you could be in big trouble.
Like @Theresa Harris said, get them out ASAP, clean the place up, make it CODE COMPLIANT get a COO, (Certificate Of Occupancy) and do this right next time.
Just my $0.02