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Updated over 5 years ago on . Most recent reply
what's the best time to do eviction
Hi all, I get a professional tenant, who breached the lease in several ways:
- Hot water heater Storage room use as a bedroom
- No payment of May Rent.
- Subletting without landlord permission
- Keep the cat in the bedroom without landlord permission.
- Threaten Landlord
I served him 60 days notice of termination of the lease on May 6, he sued me on May 13. He sued me negligence, Retaliation and body injured.
The timeline is as the following:
Feb 26, 2019, he complained bathroom water dripping to downstair and rats crawling noise in the wall.
March 3, 2019, he complained about the hot water heater issue.
1. March 9, 2019, We fixed the hot water heater issue.
At the same time, I found the person living the storage room, then I emailed to him on March 9, 2019, and we said we did not allow a person living in the storage room.
2. March 10, 2019, my husband sent an email to him and wrote we can not renew the lease. He emailed back and wrote that he will find all of the detail to sue us, and the city will make a decision.
3. March 16, 2019, we hired the pest control company did the relative job, and we got report there are no rats in the basement at all.
4. March 26, 2019, My lawyer helped me served the 30 days notice of the termination.
5. April 6, 2019, I got an open violation because of rats problem, then I proved to the city on April 8, 2019.
5. April 10, 2019, the city came to do the inspection, and list the second open violation.
6. May 6, 2019, I sent a 60-day notice of termination because the 30-day notice had a mistake on it.
7. May 13, 2019, the tenant filed the claim by his lawyer. I got the summons on May 20.
Now I am very struggling because the lawyer of the insurance company do not suggest me to do eviction now. Because first the insurance company worried about wrongful eviction. For me, I need pay the fee of eviction by myself. But I am so suffering this bullying tenant. What can I do not? please share your experience or give me some suggestions. Thank you very much!
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- Rental Property Investor
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The lawyer for the insurance company is looking out for the insurance company. They don't care about you other than by protecting you, they protect themselves.
Hire your own lawyer about the eviction. Follow their advice. They are representing you and only care about you.
If it were me, I'd have had the eviction started long ago. Given it is a professional tenant, I'd hire an attorney to handle everything. The cost of the attorney will be a lot less than the cost of a screw up that a professional tenant pounces on.