All Forum Posts by: Sofiya Cherni

Hi,

I've never had to evict before, would like for landlords from my county who have experience with evictions to answer my questions but anyone else's comments are welcome.

I realize that evictions are not allowed at the moment due to COVID. What exactly is not allowed? I've done some research but I can't really come to a conclusion on a few things. It seems that landlord can't evict due to nonpayment. What about due to BOL? For example, violating noise clause in Rules in Regulations which is part of the lease. They pay late every single month but they do pay, although they have no intentions of ever paying on the first (one of those that think rent is really due on the 10th even though lease says 1st). They also have an extra adult (their son) living in the house, he isn't on the lease and isn't included in the number of people that were going to live there. The son lived on his own at some point, then he moved with them prior to moving to CA, things didn't work out, he moved back in. I would put up with it all except for the noise, we share a wall, constant banging, slamming, yelling (wife's normal voice is yelling). They used to play music with crazy bass but it hasn't happened recently. They bang around at midnight, two am, dropping heavy things on the floor or slamming doors so hard my walls shake. I feel like it's not enough to call the cops on but it wakes me up, usually with anxiety! I've talked to them about the noise issue multiple times, explaining that lease states voices, tv, music etc needs to be kept to a minimum and that they can't disturb neighbors as all are entitled to quiet enjoyment. She will yell on the phone for 4 hours non stop while i'm unable to work because it sounds like she's yelling next to me. Long story short, i want them out since the wife says it's her normal voice and she won't lower it, banging and slamming hasn't stopped. Their lease doesn't expire till mid 2021 so waiting till that time is not an option. I've explained that their options are to comply with the lease and stay or to keep being loud somewhere else. I prefer eviction over cash for keys. They wanted to break 2 yr lease after 1 yr, which i said i can't agree to because that's too far out for me to put up with them so they need to leave sooner. Yes, i should have never renewed, my mistake, now i'm stuck home 24/7 and so is the obnoxious wife, who interestingly enough doesn't scream when husband is home. She can be quiet, she just doesn't want to.

1. Is any action prohibited during covid?

2. Provided state of emergency is lifted and evictions are back in full force. What exactly are the steps? Lets say it's 2nd of the month, i haven't received rent. Would i need to post Pay or Quit on the door (take a picture and also mail same via certified mail)? How many days should give them to pay? I know they'll pay but i'd like to start being more official, maybe it will motivate them to leave out of their own accord or to comply.

3. Would i also post a Comply or Quit on the door? How many days do i give to correct, particularly the noise? 30? I'm not sure what to say in this form about the son, i know he's there, i'd rather they move out instead of adding him to the lease. Can i request he moves out on the BOL notice?

4. What happens next? I'd have to go to court and file for eviction? If payment is received would i only file based on BOL? Or should i wait till following month and file based on nonpayment and BOL?

5. What happens if they move out prior to eviction hearing? Is this possible? Since they requested to terminate lease in 1 yr, i sent them in an email saying that i'd prefer they left earlier since they're not complying with the noise and gave them 3 months to be out by Sept 1. Should i send them an official notice/addendum with this date? I don't think they'll sign it. At some point recently I asked for 3 months notice, they said something about it being hard to find a place due to covid and asked for a month notice, i replied with 2 months. There's nothing official, I refused to provide an addendum because they continue to be loud so wife said they're just renting month to month now. I guess she forgot she has a 2 yr contract. I really don't see why not being able to find a place is my problem, ive told them they're welcome to stay but need to be considerate of neighbors.

Thank you!

Thanks to all for the comments, I'm fond of the idea of raising rent and giving discount if paid on the first. I already do this with the term of the lease so I'll just have to add more tiers!

Tenants usually pay on the first Friday of the month. I’ve had them for 2+ years, 0 payments were received on the first of the month. I don’t send out late rent notice nor eviction notice, they are my literal neighbors. By law I can’t charge a late fee until after the 10th of the month, the latest they’ve paid was the 8th.

Would you bother offering an incentive (ie no rent increase on next lease term if all payments are made on time during the previous lease term) or just leave them be?

@David Clay

@David Clay, I don’t recall if it’s state or county law but we are required to offer a 2 year lease, which these tenants are fond of and so am I. Your reply was exactly what I was looking for, I will report to County a few times as a last resort, if they get fined they will learn quickly to behave properly. It just baffles me that some people think they can truly do what they want and forget the part about the peaceful enjoyment of others. Being ‘churchy’ you’d think they’d be more considerate! Please elaborate on the ‘measured electronically’ part.

@Nathan Gesner I’m on it, thank you! Old fashioned way has been tried to no avail.

@Jill F.  No thanks! I’ve had enough experience with that end of the spectrum. My neighbor on the other side let his drug-addict daughter move back in with the same caliber husband. Long story short neighbor shot and killed his son in law and ended up being a quadriplegic, has to sell his property. He was very nice and an ideal neighbor, it’s scary how quickly life can change for the worst.

@Jim K. Your response was the most entertaining :) I think speaking in tongues is a possibility here, let’s see if they can be taught to do it quietly!

Forced to offer 2 yr lease :/

I’m an atheist of sorts and don’t care if they pray to God or Devil as long as I can sleep. I’ve seen what happens at their church and it’s a bunch of BS but to each their own. They are very loud in general and the walls are very thin, so more of a curse than a blessing. 

They’ve been talked to about the noise issue before but don’t seem to care. How many days can a human last without proper sleep before going mental? Not very long, 2-3 days. Looking for an authoritative solution vs buddy solution, don’t want to evict, lease just renewed for 2 yrs. 

I’ve got a signed Rules and Regulations that mentions noise ‘...Tenants shall respect neighbors rights to peace and quiet including keeping ...voices, music,...levels to a minimum. Tenants shall use the premises in a way as to not disturb the neighbors...’

My County Noise Law defines a noise disturbance as any sound that is: Unpleasant, annoying, offensive, loud, or obnoxious. 

Tenants are having prayer groups once a week with loud music and yelling/praying. Is this something I have to allow? I have a clause in the lease against property being used for business purposes but this doesn’t quite fall in that category since I don’t believe they’re charging money for this. I found a post on Facebook where tenant is advertising this and is asking for anyone who knows her to join. I’d be fine with it if they were at least quiet but it is quite loud and lasts from 7pm-10pm or so. I live in a townhome right next to them, sharing a wall.