Asking tenants “at will” to leave right now?

Question

So My wife and I live in NH and just closed on our first multi family. One of our tenants is for lack of better words, a hoarder and the unit is not clean at all and filled with stuff. Not to mention they have been smoking in the unit which was not allowed in their lease.

They are tenants “at will” and we would like them gone. What are the current laws right now as far as asking a tenant at will to move out with the covid-19 pandemic? What does the process look like? Does anyone have experience with this scenario?

Thank you all!

Russell Brazil · Answer

I personally wouldnt go Nathan's route on this for fear of rocking the boat. Right now you have a paying tenant. If you piss them off, ypu might then have a nonpaying tenant with no way to remove them.

Id deal with it til things are back to normal then deal with it then.

Nathan Gesner · Answer

Regardless of what the law says, you can always "request" they leave. Just send them a letter that you are not happy with the condition, they are in violation of the lease and damaging the rental by smoking inside, and you want them gone so you can renovate the unit. Tell them you will give them 60 days to find a new location and vacate. If they find something quickly, they are welcome to leave early and get a prorated portion of their rent back and the deposit, assuming the unit is "clean" and in good order. If they don't want to leave, you are prepared to evict at the earliest opportunity and will hold them accountable for all unpaid rents, cleaning, repairs, and court fees.

Most people see the writing on the wall and will move on. If the dig in, do the right thing and evict through the court system at the earliest available opportunity.

Jonathan W. · Answer

@David A Muise when the order is lifted

Remove them at will. Homeless people have a risk of spreading COVID more then hoarders

Brian Hamel · Answer

@David A Muise I would talk to him about the smoking then let Covid blow over before you stir this up the hoarding. Just make sure you are not too possessive about the property. It can be a very easy to go down that road

Troy Zsofka · Answer

@David A Muise -

Just to clarify on @Shawn Ackerman's point:I think there is some confusion regarding the duration of the NH State of Emergency and eviction moratorium.

I believe that the 2020-08 in the document is not a reference to August, but is the the Exec Order number. The attachment lays out that the Exec Orders are to remain in effect for an additional 21 days. It is my understanding that the NH Governor only has the authority to issue declarations of this sort in 21 day increments (although I am not an attorney so I could be mistaken). Now, does that mean that you'll be able to serve notices to vacate 21 days from April 24th (when this extension was executed)? Not necessarily, because there is nothing preventing another 21 day extension. However, to the best of my knowledge, it has not been, and can not be per the constitutional authority of the Governor, extended to August until the expiration of the latest extension preceding August by 21 days. Furthermore, who knows what's going to happen when all the evictions start pouring in from the backlog that has been building. It's likely going to be a slow process simply due to stressed resources.

In regards to your situation with this particular tenant:

Why do you care that they are hoarders? Does it affect you personally, financially, or legally? Is it a lease violation? If they are paying their rent, aren't they free to keep their residence as they see fit; so long as it does not cause damage to the unit or infringe upon other tenants' rightful enjoyment of their individual units? I had an acquaintance approach me some years ago for advice because he was having difficulty retaining tenants (he was a new landlord with 1 unit). I reviewed his lease and noticed that it had provisions prohibiting consumption of alcohol on the premises, as well as guests past 8pm, and he was routinely showing up to check on his tenants' compliance. I told him that once he got more units under his belt, the problem would be solved because he'd have better things to do than mind his tenants' business. Being a landlord does not give anyone the right or authority to dictate how others should live. I'm not suggesting that you are in any way similar to him, but one perspective that goes a long way in this business is to live and let live, and not concern yourself with things that do not affect you or pose a risk to your interests. Again, I am not an attorney, but I have difficulty believing, even in this absurdly litigious society, that you can be held liable for dangers caused to a person, by that person, in regards to fire hazards or whatnot stemming from their housekeeping or actions. On that note, if you don't require renter's insurance naming you and your company as additional insureds on the liability portion, start.

That said, as far as the smoking in the unit, that is entirely unacceptable. It is a clear lease violation (assuming there is a legal provision in the lease), and allowed to continue will set a precedent and only embolden a tenant who is dismissive of the rules. When I was new to the game, I considered smoking to be none of my business if the tenant was taking care of the property and paying rent. I was then reminded on a few occasions how much it cost to clean, prime, and repaint every surface in the place, and now my lease is clear that smoking is not permitted inside and there is a $200 fee per occurrence of evidence that smoking has occurred. I have not had a problem since.

Lastly, once the moratorium is lifted, if you choose to relieve yourself of this tenant by issuing a 30-day notice to vacate, that decision may result in more problems, and you may find yourself left with all of their unwanted belongings once all is said and done. Don't assume that just because you want someone out, even though it may be your property and your right, that they will magically have someplace to go, and will comply without resistance. It may be better simply to raise rent to a level that you find acceptable to mitigate what you perceive to be their drawbacks as tenants; although in a multifamily, you may have to watch out for the appearance that you are treating them differently than their neighbors. Furthermore, if they are TAW, nothing is stopping you from issuing new lease terms to go in effect in 30 days (consult your attorney blah blah blah), imposing penalties for continued smoking inside the property, prohibited leaving belongings in common areas (if they are doing so), etc. It is important to enforce the rules if you want them to remain enforceable; so you should absolutely address the smoking to retain your credibility, if nothing else. If they've been smoking inside for a while, the damage is done already, and it needs to be cleaned, primed, and repainted; not to mention if any of it is carpeted. Knowing the expense that you are up against anyway, the wiser business decision may be to allow them to stay so you continue to receive income from the unit and then deal with it later, unless part of your near-term plan was to force equity through renovation and raising rents. Never forget the concept of TVM...

Happy investing,

Troy

Eric Holman · Answer

I bought a building two years ago with tenants I wasn't sure about. I decided to keep everybody because rent paid beats an empty unit when I was getting my feet wet. I set reasonable expectations in writing about certain behaviors I wanted modified and messes I wanted cleaned up outside. 34k in on-time rent later, I'm satisfied with my decision.

Your plan will be different from mine, but it might make sense to give it a month or two to decide.

Michael P. · Answer

Hoarding is a mental health issue. That’s like asking an alcoholic to leave the bar he built in his living room.

Jeremy Wirths · Answer

@David A Muise As stated above you are going to have to wait until the order is lifted to evict them. In the mean time while you wait I would remind him of the smoking and inform him of the dangers of having a lot of stuff.  https://www.nfpa.org/Public-Education/Fire-causes-and-risks/Behavioral-risks/Hoarding?__hstc=193260850.a7debc8575bac5a80cf7e168316af0c9.1451088000092.1451088000093.1451088000094.1&__hssc=193260850.1.1451088000095&__hsfp=3972014050

Mary M. · Answer

so, are you removing them for their lifestyle? Because you cant control how people live, and it will make you crazy to try.  If they pay rent on time, let them be. If they are smoking inside, send a reminder that smoking is not allowed inside.

good luck

Shawn Ackerman · Answer

@David A Muise Looks like your Gov. Executive order is in place until August 2020.  So although you cannot "evict" you may be able to get away with cash for keys in this situation.  I know in the state that I invest in we are not allowed to serve any notices to tenants for non- payment and could only evict if we attest that the tenant is a danger to someone in the building.  Take a look at the governors order https://www.governor.nh.gov/news-media/orders-2020/documents/2020-08.pdfYou may be liable for civil penalties if you try and force the tenant out whether "at will" or annual lease tenant.  All the best.

Asking tenants “at will” to leave right now?

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