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Updated about 13 hours ago, 12/25/2024

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John Cooper
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Difficult Tenant: Escalating Issues & Safety Concerns

John Cooper
Posted

Subject: Difficult Tenant: Escalating Issues & Safety Concerns (Former On-Site Resident) - Multiple Witnesses - Seeking Eviction

Background:

I am a landlord renting out a room in my property. I initially resided on the property as a tenant myself.

  • Prior to the current tenant moving in, all tenants were aware that I was getting married and would eventually move out of the property on Nov 18th, 2024, with the expectation of moving out of state by the end of December.
  • It was understood that I would continue to utilize the garage and one room for storage as I transitioned to living out of state.
  • All tenants were also aware that I would continue to access the property during this transition period.

The tenant in question moved in Nov 1st, 2024. All rooms within the property are leased as furnished.

During my initial residency, the tenant expressed dissatisfaction with my personality, claiming I acted superior and nitpicked him. I acknowledged his concerns but was unable to resolve the issue.

Since the tenant moved in, I have experienced escalating issues with his behavior, including:

  • Lease Violations:
    • Moving items without permission (furniture, safe, carpet cleaner, TV from his room to another tenant's room).
    • Accumulating boxes in the garage, potentially exceeding the agreed-upon storage space.
    • Installing a security camera in the common living area, which is a direct violation of the lease agreement.
    • Failure to submit a work order for alleged issues with the smart lock, as required by the lease agreement.
  • Behavioral Issues:
    • Aggressive and confrontational communication.
    • Unfounded accusations and personal attacks.
    • Refusal to communicate through agreed-upon channels.
    • Loud and disruptive late-night behavior (banging on the door, kicking the door) due to alleged difficulties with the smart lock, often accompanied by profanity.
    • Harassment of my son, the designated on-site property manager, by making disparaging remarks about me and refusing to cooperate with him.
  • Potential for Neighborhood Disruption: The tenant's late-night outbursts have the potential to disturb neighbors, although no formal complaints have been received.
  • Unreasonable Demands: The tenant unreasonably demands advance notice of my access to the property for storage purposes, despite the prior agreement and my right to access common areas and my own storage spaces.

Safety Concerns:

While the tenant has not directly threatened us, his actions, including the harassment of my son, have created a concerning and unsafe environment for my son and me.

Goal:

My ultimate goal at this point is to evict the tenant due to his ongoing lease violations, concerning behavior, the harassment of my son, and the potential for neighborhood disruption.

Questions:

  • 1. What are the specific legal grounds for eviction in this situation, considering the tenant's behavior, lease violations (including the unauthorized movement of furniture), the failure to submit a work order, the late-night disturbances, the harassment of my son, the unreasonable demands regarding property access, and the potential safety concerns for myself and my son?
  • 2. What are the necessary steps for documenting and addressing the tenant's behavior and lease violations?
  • 3. How can I effectively gather evidence to support my eviction case, such as documenting the disturbances, obtaining witness statements from other tenants, and documenting the tenant's interactions with my son?
  • 4. Can you recommend resources for finding a qualified landlord-tenant attorney in my area to assist me with this process?

Note: I have not formally warned the tenant about any of these issues.

I am seeking guidance and advice from the BiggerPockets community on how to navigate this challenging situation and successfully evict this tenant.

Disclaimer: This is a complex situation, and I understand that legal advice is best obtained from a qualified attorney. I am seeking general guidance and support from the BiggerPockets community.

In short: Being newly married and moving out of state, I just don't have time for all these hassles. I understand it's a chance we take when we become landlords, but mercy.

John

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