Eviction
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Mon Jul 23, 2007 4:53 pm

Has anyone ever had to evict a tenant. I'm renting my home and realize my tenant is delusional. He quit his job thinking he is going to get some kind of invention going in time to pay rent. I'm sick with worry. Any suggestions?

free skin care · Mon Jul 23, 2007 5:05 pm

Well, you can't evict him for being delusional. You have to follow the law. IF he fails to pay rent, you proceed according to the rules of the law. The laws differ according to where you live. Do some online research into your local laws.

free skin care · Mon Jul 23, 2007 5:16 pm

Not sure what part of the world you live in Ginderella, but if it's Canada the process of eviction can be a long and tedious one. Do a search in Google for Landlord and Tenant Act in your juristiction. Good luck!

free skin care · Mon Jul 23, 2007 7:13 pm

it took us 6 months to evict someone, its terrible how they can not pay but you have to follow every law to get them out, but they can go on not paying.i wish you luck hon

Tue Jul 24, 2007 4:34 am

Thanks for the advice. I'm realizing as I get older ,there is a type of personality disorder, I've only seen in men, which makes them believe they are right and there is something wrong with the rest of the world. They are only able to hold jobs for short periods of time. You can't talk sense to these guys and they are the ones who without good families wind up on the streets homeless.Does anyone know what this disorder is?

free skin care · Tue Jul 24, 2007 4:48 am

It's called the male menopause

free skin care · Tue Jul 24, 2007 7:46 am

I'm sorry to hear you're having tenant troubles. I think it's a good idea to research your local laws, but eviction can be a very complicated process and the rules vary from place to place. I urge you to consult with a lawyer during the process, or to hire a lawyer (one who specializes in landlord/tenant issues) to do it for you. I know the upfront expense can be high, but if you make a mistake it can cost you months and months in the courts.

free skin care · Tue Jul 24, 2007 9:57 am

I don't know where you are located, ginderella, but where I am there are local tenant / landlord associations that can get you started regarding the basics.

But, as far as you have posted, this guy is not working but has he been late with the rent? Are you jumping the gun? Fine, research the laws but until he stops paying rent, there's nothing you can do.

free skin care · Tue Jul 24, 2007 12:42 pm

Where I live it is very hard to evict a tenant. Even if rent has not been paid it is hard to have someone leave their rental. If someone is sick (physically/emotionally) or has young children it makes it much harder to evict. As long as you rent is being paid their is not much you can do right now unless you sold your property.

free skin care · Tue Jul 24, 2007 5:37 pm

In Ontario (Canada), you can give your tenant 60 days notice at any time if you require your rental property be vacated so that you or a family member can move back in, or if you are selling the rental property. I've used this method to give notice to a couple who were renting my fathers basement apartment (total nut-bars), and it worked perfectly. Look into your 'legal' options for moving into your rental property, as they do exist. This may be one way to get your current tenant out before matters escalate into something serious with him.

free skin care · Tue Jul 24, 2007 5:48 pm

Having been a property manager myself and also currently renting my basement I agree with what you say Scots Lass - except for one thing. You can't give notice if you are selling. Your buyer has to assume the tenants and they give them notice after they take possession. Currently you can also give notice to vacate if the tenant is disturbing the "quiet enjoyment" of the other tenants and/or the homeowner. I once had to evict a party animal on those grounds and he eventually left in his own sweet time Sad

. You should check the required notice periods in each region - the laws vary from Province to Province here in Canada.
Another valuable tip - all notices to vacate must be delivered in writing and acknowledged by the tenant - otherwise they can deny they ever received it and you're back to square one.
Lunarmm is right - unless he's in arrears with his rent, you just have to accept that he might be a bit eccentric and there's no law against that Very Happy

free skin care · Tue Jul 24, 2007 6:03 pm

Hi Anya - You are right! Thanks for clarifying the difference between a new owner taking possession of the rental property and giving 60 days notice to the tenants, versus an existing owner who is selling and wants to evict. Smile

This is where that legal clause that allows the current owner to evict in order to take over their rental property for personal use comes in handy!!! Wink

free skin care · Tue Jul 24, 2007 7:39 pm

You really need to check the local laws. And you're not going to be able to do anything on a suspicion that he's not going to be able to pay rent. You have to wait until he actually does not pay rent.

Here in Georgia, it's really easy to evict someone. You can do it in less than a month if you start as soon as the rent is late and all the dates fall correctly. But you still have to follow specific rules.

If you really think you're going to have to go through an eviction, I'd start putting some money away so that the lack of rent for some period of time doesn't cause bills to go unpaid (if the rental income is income you count on).

free skin care · Tue Jul 24, 2007 8:10 pm

Hey, no problem Scots Lass Very Happy

Ginderella hasn't told us where she lives, so its hard to give advice specific to her area Confused

Wed Jul 25, 2007 6:20 pm

Hi Girls,

Thanks for all the info. He has missed July's rent and has talked about getting a great job as a preacher paying 150,000.00 a year US. Then he said he was going to fast track an invention that some people were interested in. Then he moved in his sister with two kids who also has no job. I live in the state of Maryland and have filed eviction papers yesterday. The court date is August 2nd which is very fast, although I think after that it still takes a few weeks.

Oh well I should have paid the money and had a background check

free skin care · Wed Jul 25, 2007 10:11 pm

Here is a link I found about eviction in the state of Maryland http://www.peoples-law.org/housing/ltenant/legal%20info/failure%20to%20pay%20rent.htm

It sure seems a lot easier to evict a tenant in Maryland than in NY where I'm from! Wow...

Tue Aug 14, 2007 5:24 pm

Hello Everyone,

Well the eviction is finally going to happen.The sheriffs office called and we're throwing my crazy tenant out on the 21st of this month. I only wish I had started the proceedings sooner. Apparently Maryland law is very quick compared to other states and countries.

Maybe Daniel in the "I'm in a weird place" would want to rent my place for a short term to see the beautiful eastern shore.

I'm so thrilled. Very Happy

free skin care · Tue Aug 14, 2007 7:47 pm

anya wrote:

Having been a property manager myself and also currently renting my basement I agree with what you say Scots Lass - except for one thing. You can't give notice if you are selling. Your buyer has to assume the tenants and they give them notice after they take possession. Currently you can also give notice to vacate if the tenant is disturbing the "quiet enjoyment" of the other tenants and/or the homeowner. I once had to evict a party animal on those grounds and he eventually left in his own sweet time Sad

. You should check the required notice periods in each region - the laws vary from Province to Province here in Canada.
Another valuable tip - all notices to vacate must be delivered in writing and acknowledged by the tenant - otherwise they can deny they ever received it and you're back to square one.
Lunarmm is right - unless he's in arrears with his rent, you just have to accept that he might be a bit eccentric and there's no law against that Very Happy

Sorry to hijack the original thread...I just had a comment. We just bought a house that is tenanted. The realtors involved both agreed that the seller was to give notice to their tenants to vacate within 60 days, and not us, the buyers. So far so good, no problems. We're in Vancouver and I'm not sure if the laws here are different than Ontario...

free skin care · Tue Aug 14, 2007 10:39 pm

AFAIK Puglove the owner can only give notice to vacate 60 days prior to the end of the lease on behalf of the buyer. Notice is only valid if the buyer requires the unit for their own personal use.

Quote:

Notice, purchaser personally requires unit

49. (1) A landlord of a residential complex that contains no more than three residential units who has entered into an agreement of purchase and sale of the residential complex may, on behalf of the purchaser, give the tenant of a unit in the residential complex a notice terminating the tenancy, if the purchaser in good faith requires possession of the residential complex or the unit for the purpose of residential occupation by,
(a) the purchaser;
(b) the purchaser’s spouse;
(c) a child or parent of the purchaser or the purchaser’s spouse; or
(d) a person who provides or will provide care services to the purchaser, the purchaser’s spouse, or a child or parent of the purchaser or the purchaser’s spouse, if the person receiving the care services resides or will reside in the building, related group of buildings, mobile home park or land lease community in which the rental unit is located.

That's how it is in Ontario Wink

free skin care · Wed Aug 15, 2007 12:09 am

Eviction laws vary drastically from city to city, be sure to check with a lawyer if getting those tenants out in 60 days is very important. Sometimes they don't leave and this is why (generally) vacant buildings sell for a higher price than occupied ones.

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