Social Distancing Eviction?

Question

I am renting a room in the house I live in to a tenant living well below his means. He always pays on time or early, he's tidy, and he's even handy and helps fix things around the house. Parties have always been a problem, but I was happy to put up with it for the sake of his other redeeming qualities. But me and the other tenant have mild respiratory issues and this tenant is not following the caronavirus social distancing rules. He got upset when I told him he couldn't have his friends over in the house, so he set up a table outside where they're all sharing food and drinking together. He LIVES on tinder and has a new girl every few days. The gyms are closed, but he's looking for ANY gym that will let him work out. He says he'll get depressed if he doesn't work out and that's not negotiable. He thinks he's invincible and his behavior is putting everyone in the house at risk. Is there precedent for evicting someone for not following pandemic quarantine rules? I live in Colorado BTW.

Colin Smith · Answer

That is a good start at least!

Scott Nicewonger · Answer

Thanks for the replies. I had a heart-to-heart with him and I gave the other tenant an opportunity to voice his concerns about his asthma. I don't know if the notice is enforceable, but I think it made him realize how serious the rest of the house is and he signed it and agreed to the new rules.

Colin Smith · Answer

No this won't help you. In my experience when I was house-hacking, a threatening letter only made things worse. Having a sit down conversation with him letting him know you would like to see him terminate his lease immediately would go much further and there is smaller chance of poor recourse with a face to face conversation. Keep in mind you cannot file for evictions till the end of the month, even if they live with you and are violating the state rules at which point will be lifted.

Scott Nicewonger · Answer

I have this drafted up. If I can get him to sign it, do you think that would legally protect me?

"On April 1, 2020 the Colorado Department of Public Health and Environment issued Public Health Order 20-24 implementing stay at home requirements.

Non-compliance with this order, or any subsequent public health orders, jeopardizes the health and safety of everyone who resides here.

Any resident who is not willing to abide by the lawful public health orders of the City of Colorado Springs, the State of Colorado, or US federal government agencies may immediately terminate their lease with no penalty. Any outstanding rent will be prorated to their move-out date and their security deposit shall be returned after move-out, so long as no damages are owed.

Residents who continue to reside at ********** are expected to comply with public health orders and social distancing requirements in and out of the residence, or face eviction.

Residents may have one guest at any given time who must practice social distancing requirements while on the premises including hand-washing upon arrival and disinfecting any common areas after they use them. These rules may be enhanced or waived at the discretion of the Landlord based on public health recommendations. Residents unwilling to abide by these rules may terminate their lease under the same terms above. Non-compliance with these rules will be grounds for eviction."

Michael Glist · Answer

That is very unfortunate, I am sorry to hear you are having issues. I do not think that you would be able to evict him based on that reasoning. First I would check with your county. Even though everyone thinks there no evictions during this time due to the virus that is county by county based and not all counties are following that and are still allowing evictions. But either way I do not know that it would go through as I doubt it is in the lease that he cannot have people over even during a time like this. I would recommend either taking additional precautions on your end to stay safe or maybe even offering him 1/2 off his rent to stop having people over. Yes you would take a loss in rental income but evicting him would be a loss as well and this may get him to play ball.

This is just my opinion and would recommend talking to a real estate attorney for more accurate advice.

Karen O. · Answer

Wait until he has people over and report him to the police. They are arresting people in lots of places.

Can't he set up some band equipment and work out inside (or in the garage or outside)?

Greg H. · Answer

Sorry to here about your situation.  However, at this point there is nothing you can do to remove him short of offering him $$$ to move.  Reality is even after this is over, an eviction for this would never fly

Best thing you can do is take all precautions you can possibly do to protect yourself