How do you get rid of a bad renter?

submitted by Zapped from self.AskSaidIt

sorted by:
top
newinsightfulfun
you are viewing a single comment's thread.

view the rest of the comments →

[–][deleted] 13 insightful - 4 fun13 insightful - 3 fun14 insightful - 4 fun -  (3 children)

She didn't show up to court and I got an activist magistrate who dismissed the case

Is that an elected position? If so: you might be able to start a recall petition.

she is now on a month-to-month lease instead of yearly

That just means you have to follow the rules of your state's default month-to-month lease. I may be wrong, but in most states: you can terminate the lease for any or no reason one month after providing notice to the tenant of your intention. Most states also have three-day notices for vandalism.

In most cases: the default lease agreement favors the landlord much more than any agreement you worked out with your tenant. The only reason they said that was to intimidate you; they're hoping you won't bother to read the statutes.

I filed again, but this time with knowingly vandalizing and health code violations with photos, my personal testimony, and witness statements.

You might be able to press criminal charges for destruction of property. You can report the tenant to the police, but there's no guarantee the prosecutor won't drop the charges, or that a jury would deliver a guilty verdict, but it's worth a try.

At the last hearing, the bailiff told me that the city does not want any renters being kicked out right now because of Covid-19.

That worries me, because the city might be making a coordinated effort against you. That means you're unlikely to get anyone to cut you an inch of slack. In that case, you'd have to sue the city for refusing to enforce state law.

I have filed a third time and will call the health department next week to see where that gets me.

That's a good idea; you need to deal with anyone other than that, presumably Democrat, magistrate.

I suspect this renter has, let's say, a personality trait/mental condition that is affecting her decision making.

And the magistrate is just enabling her, and making it worse. It's the magistrate's fault if the tenant ends up hurting herself.

Good luck!

Mandatory legal disclaimer: this is in no way legal or financial advice, you act upon this information at your own risk, and I am not liable for how you choose to use this information.

[–]Zapped[S] 4 insightful - 2 fun4 insightful - 1 fun5 insightful - 2 fun -  (2 children)

  • Is that an elected position? If so: you might be able to start a recall petition.

The District Court Judge appoints magistrates here and I have her contact information as well as the chief magistrate's.

  • That just means you have to follow the rules of your state's default month-to-month lease.

The real estate laws in my state honor a month-to-month lease based on the original lease once the original expires. I didn't have that statute with me the first time or I would have presented it. This is what I will argue to the chief magistrate if this next hearing goes the same as the first two. Hopefully I get a different magistrate this time. I assumed it would be open-and-shut, especially since she hasn't shown up either time.

  • You might be able to press criminal charges for destruction of property. You can report the tenant to the police, but there's no guarantee the prosecutor won't drop the charges, or that a jury would deliver a guilty verdict, but it's worth a try.

If this hearing doesn't go my way and the health department fails me, I may have to take that route. It is the trash kind of hoarding more than the collection of junk type of hoarding. Plus, I don't think she takes her dog outside anymore. I will probably have to replace the 100 year old hardwood flooring once I get her out.

  • That worries me, because the city might be making a coordinated effort against you. That means you're unlikely to get anyone to cut you an inch of slack. In that case, you'd have to sue the city for refusing to enforce state law.

I'm hoping a discussion with the District Court Judge or assistant would produce results before a lawsuit against the city was taken. Also, it would be easier to call in a favor but I don't like going that route if I don't have to.

  • That's a good idea; you need to deal with anyone other than that, presumably Democrat, magistrate.

I assume she is Democrat, as the Judge who appointed her is.

[–][deleted] 4 insightful - 3 fun4 insightful - 2 fun5 insightful - 3 fun -  (0 children)

The District Court Judge appoints magistrates here and I have her contact information as well as the chief magistrate's.

Ah, maybe you can talk to them?

The real estate laws in my state honor a month-to-month lease based on the original lease once the original expires.

Oh, huh. They're literally just ignoring the law, then.

I didn't have that statute with me the first time or I would have presented it.

You probably need to print out all the relevant statues, since the magistrate is obviously ignoring them. Doesn't guarantee they'll listen, but it'll make your cast much easier of you choose to sue the city later on, since you made them aware of the law and they chose not to enforce it.

Plus, I don't think she takes her dog outside anymore.

That's a potential negligence charge.

I will probably have to replace the 100 year old hardwood flooring once I get her out.

Damn. My dad's got'o replace the hardwood flooring in his grandparents's old house; it got torn up by a crack-head they rented it to...

I'm hoping a discussion with the District Court Judge or assistant would produce results before a lawsuit against the city was taken.

Yeah, you should definitely pursue that route first.

I assume she is Democrat, as the Judge who appointed her is.

Definitely a Democrat.

Again, best of luck!

Mandatory legal disclaimer: this is in no way legal or financial advice, you act upon this information at your own risk, and I am not liable for how you choose to use this information.

[–]JasonCarswell 1 insightful - 2 fun1 insightful - 1 fun2 insightful - 2 fun -  (0 children)

COVID is a scam for the lockdown, new normal, great reset, etc. But maybe you could utilize this tool to your advantage.

I don't know how ethical it would be to somehow get her tested, but maybe you can find experts or whatever to testify that a messy place is a COVID vector.

This would be a terrible precedent to set for M/BILLIONS of messy people. But maybe it already exists.

For two months my place fell into chaos with my fucked up back (never that bad). It's now better than it was before.

What will her future be after your place? A hospital? The street?