Tenant eviction

[tloonya]

I am begging you just to answer the question and not to try to get deep into details.

Neighbor has a tenant. She is 35 y/old woman on SS disability by health issues.

Depressed, takes meds and sleeps all day.

Lately she started to want to get better and checked herself into rehab. She was out for

over a month. Came back looking better, healthier. Complained that she wasn't ready

to be checked out. However they threw her out. So she called social worker or whoever

and they checked her back in. She came back a week later, went to the bathroom and

were there for a while. So to make it shorter neighbor knocked door out and found tenant

overdosed. Called police blah blah.

Police told her to file eviction report because apparently it is not the first time.

And they said change the locks.

My question is there are her tenant's stuff in her room. If there is a furniture etc. how

is returning of the stuff is supposed to happen? Do they let tenant in to pick up?

But they are afraid she might steal or something. Yeah tenant actually stole something as well.

And I said she needs to file restraining order, right? Its a mess.

[Deleted]

if it were me, and I needed to evict someone, I would talk to an attorney and consider the cost just part of the expense of landlording.  It sucks to have the extra expense, but  I think with eviction of a mentally ill person there could be problems.

[tloonya]

Mar 6, 2016 10:42:38 GMT -5 @hickle said:

if it were me, and I needed to evict someone, I would talk to an attorney and consider the cost just part of the expense of landlording.  It sucks to have the extra expense, but  I think with eviction of a mentally ill person there could be problems.

Police said to file the eviction report. Plus she is a thief, so they can probably sue her as well...I am not sure if she is mentally ill pronounced.

[Deleted]

I think one of the ways the return of things in her room can happen is to set up a time for the tenant to pick up things and have the police there to supervise.

[tloonya]

Mar 6, 2016 10:48:57 GMT -5 @hickle said:

I think one of the ways the return of things in her room can happen is to set up a time for the tenant to pick up things and have the police there to supervise.

What about her stealing?

Yesterday when she was taken to the hospital overdosed police found

neighbors IDs and insurance card in tenants wallet.

Neighbor also had $100 that was gone in that wallet where IDs where taken from.

she couldn't prove it though because she had no prove! NOW IDs are reappeared,

so can she claim the stolen cash?

[Tennesseer]

Has the neighbor given the tenant notice (7, 30 days, or what ever is in the mutually agreed lease agreement)?

As for the furniture, your neighbor must notify the tenant in writing (certified/registered letter or email) that her belongings will be kept/stored for what ever time period the home state requires under the law.  The neighbor cannot simply put the stuff on the curb.

The neighbor should set up a mutually agreed time in writing (email?) for the tenant to pick up her belongings.  If neighbor is afraid the tenant will steal something then the neighbor can ask the police to be present.  

[The Walk of the Penguin Mich]

Your friend had better consult an attorney.  I don't think that you can just kick someone out and change the locks.  There are steps through eviction that they need you need to through, regardless of competence of their tenant.

Why the hell would they need a restraining order?  Has the tenant threatened the landlord?

If the tenant stole something, then a police report needs to be filed.

All of these are separate problems.  You can't just lump them all together.

[tloonya]

Mar 6, 2016 10:59:54 GMT -5 Tennesseer said:

Has the neighbor given the tenant notice (7, 30 days, or what ever is in the mutually agreed lease agreement)?

As for the furniture, your neighbor must notify the tenant in writing (certified/registered letter or email) that her belongings will be kept/stored for what ever time period the home state requires under the law.  The neighbor cannot simply put the stuff on the curb.

The neighbor should set up a mutually agreed time in writing (email?) for the tenant to pick up her belongings.  If neighbor is afraid the tenant will steal something then the neighbor can ask the police to be present.  

I am thinking what are they doing with people who delivered to the Hospital by police overdosed?

Do they just clean them and send home? Isn't there jail time for drug use?

[tloonya]

Mar 6, 2016 11:00:57 GMT -5 The Walk of the Penguin Mich said:

Your friend had better consult an attorney.  I don't think that you can just kick someone out and change the locks.  There are steps through eviction that they need you need to through, regardless of competence of their tenant.

Why the hell would they need a restraining order?  Has the tenant threatened the landlord?

If the tenant stole something, then a police report needs to be filed.

All of these are separate problems.  You can't just lump them all together.

Ok, let's say I am a home owner who had rented a room to someone.

Than later I had decided it is not working for me. Can't I ask tenant to move out?

BTW they have no agreement. Verbally and texting.

[Deleted]

Mar 6, 2016 11:18:13 GMT -5 tloonya said:

Mar 6, 2016 11:00:57 GMT -5 The Walk of the Penguin Mich said:

Your friend had better consult an attorney.  I don't think that you can just kick someone out and change the locks.  There are steps through eviction that they need you need to through, regardless of competence of their tenant.

Why the hell would they need a restraining order?  Has the tenant threatened the landlord?

If the tenant stole something, then a police report needs to be filed.

All of these are separate problems.  You can't just lump them all together.

Ok, let's say I am a home owner who had rented a room to someone.

Than later I had decided it is not working for me. Can't I ask tenant to move out?

BTW they have no agreement. Verbally and texting.

I think it depends on the state.  If you are renting a room to someone you implicitly do have some kind of an agreement.

www.nolo.com/legal-encyclopedia/overview-landlord-tenant-laws-pennsylvania.html

[The Walk of the Penguin Mich]

Your friend needs to consult an attorney as there are laws you need to follow.  No, you cannot just ask them to leave.  You have to give them proper notice.

If your friend accepted money for the room, it is considered a contract....even though it is not written on paper.

[Shooby]

Have a police escort to pick up the items on a set day and time.  If she then doesn't show up on the agreed time, the landlord can do whatever with the stuff.
  I am not sure she can just kick her out because she overdosed.  I dont' know what the tenant laws are.  I would want to know those laws and proceed cautiously.  But i don't think the landlord needs to act like she is some ax murderer coming back to burn the place down.  It will work itself out.

[The Walk of the Penguin Mich]

Also, it would behoove your friend to follow the letter of the law.  With the tenant having an established disability, there are a bunch of resources that the tenant can pull in if she does not.  

[GRG a/k/a goldenrulegirl]

I agree with Shooby and Mich.

The tenant might claim the drug use is a manifestation of her disability. As someone with an established disability, the tenant has additional rights by law. Your friend does not want to treat this as a typical landlord/tenant case.

[Tennesseer]

Mar 6, 2016 11:18:13 GMT -5 tloonya said:

Mar 6, 2016 11:00:57 GMT -5 The Walk of the Penguin Mich said:

Your friend had better consult an attorney.  I don't think that you can just kick someone out and change the locks.  There are steps through eviction that they need you need to through, regardless of competence of their tenant.

Why the hell would they need a restraining order?  Has the tenant threatened the landlord?

If the tenant stole something, then a police report needs to be filed.

All of these are separate problems.  You can't just lump them all together.

Ok, let's say I am a home owner who had rented a room to someone.

Than later I had decided it is not working for me. Can't I ask tenant to move out?

BTW they have no agreement. Verbally and texting.

They may not have a person agreement, but the state does have laws protecting tenants even without a signed lease as long as money has been accepted by the neighbor. The number of days notice to vacate a facility may vary by state.

[tloonya]

OK, I am bored so I followed link and created this.

his is exist - it might be legal and possible to execute, no?

--------------------------------------------------------------------------

       Eviction Notice

NOTICE TO QUIT

NOTICE TO: XXX, TENANT in possession and all others:

TAKE NOTICE THAT:
1.Pursuant to a written lease (the "Lease") dated March 6, 2016, you are a tenant for the premises described as: 111 Lane line (the "Premises"), of which you now hold possession.

2.Drug use and stealing of property

3.Due to the said illegal acts by you or your guests, the Landlord hereby elects to terminate this Lease.

4.You are given at least 23 days notice to quit the Premises in compliance with the applicable laws for the Commonwealth of Pennsylvania. Accordingly, the Tenant must vacate and surrender the Premises to the Landlord by 12 noon on March 6, 2016


THIS NOTICE TO QUIT IS GIVEN PURSUANT TO THE APPLICABLE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA AND IN NO WAY IMPAIRS OR LIMITS ANY OF THE OTHER REMEDIES OR RIGHTS THAT THE LANDLORD MAY HAVE UNDER THE LEASE OR UNDER THE SAID LAWS.

Issued on: 6th day of March, 2016

[tloonya]

Mar 6, 2016 11:45:19 GMT -5 Tennesseer said:

Mar 6, 2016 11:18:13 GMT -5 tloonya said:

Ok, let's say I am a home owner who had rented a room to someone.

Than later I had decided it is not working for me. Can't I ask tenant to move out?

BTW they have no agreement. Verbally and texting.

They may not have a person agreement, but the state does have laws protecting tenants even without a signed lease as long as money has been accepted by the neighbor. The number of days notice to vacate a facility may vary by state.

Ok, let's say tenant takes money for rent and uses it for drugs and claiming that she paid rent.

Can landlord evict on a base of rent non payment? just speculation.

[The Walk of the Penguin Mich]

Check with an attorney.  Seriously, Loony......you have a disabled tenant involved here and some of these things may complicate things.

You trying to give advice is a BAD idea, especially if your friend gets sued by the ADA as a result of something you told her.

[tloonya]

Mar 6, 2016 11:54:23 GMT -5 The Walk of the Penguin Mich said:

Check with an attorney.  Seriously, Loony......you have a disabled tenant involved here and some of these things may complicate things.

You trying to give advice is a BAD idea, especially if your friend gets sued by the ADA as a result of something you told her.

It just drives me crazy that a regular person gets in this by drug addict thief and she has no rights in her OWN home

I have no idea if she can even afford an attorney. People who can usually don't get tenants. I think.

[The Walk of the Penguin Mich]

Mar 6, 2016 12:05:02 GMT -5 tloonya said:

Mar 6, 2016 11:54:23 GMT -5 The Walk of the Penguin Mich said:

Check with an attorney.  Seriously, Loony......you have a disabled tenant involved here and some of these things may complicate things.

You trying to give advice is a BAD idea, especially if your friend gets sued by the ADA as a result of something you told her.

It just drives me crazy that a regular person gets in this by drug addict thief and she has no rights in her OWN home

I have no idea if she can even afford an attorney. People who can usually don't get tenants. I think.

Your friend DOES have rights.  But she accepted this person as a tenant, apparently without vetting them properly.  She also accepted money from them, which means that the tenant also has rights.

The responsibility for at least part of this problem lies with your friend.  She didn't do HER job properly, which has put her in a pickle.

[cael]

Regarding the tenant's stuff, most states (Mass does) have laws about how long landlords have to store tenant's things before getting rid of them. I think it's either 3 or 6 months here - the landlord has to keep or pay to store the belongings for that amount of time.

Also you can't just change the locks and boom they're gone. Tenants have more legal rights than that, you can't just boot them onto the street without following the correct process (notice to quit, then court if tenant doesn't leave etc.). And her disability may complicate things as others have said. Even drug addict thieves have rights related to their place of residence...

[tloonya]

Mar 6, 2016 12:12:17 GMT -5 The Walk of the Penguin Mich said:

Mar 6, 2016 12:05:02 GMT -5 tloonya said:

It just drives me crazy that a regular person gets in this by drug addict thief and she has no rights in her OWN home

I have no idea if she can even afford an attorney. People who can usually don't get tenants. I think.

Your friend DOES have rights.  But she accepted this person as a tenant, apparently without vetting them properly.  She also accepted money from them, which means that the tenant also has rights.

The responsibility for at least part of this problem lies with your friend.  She didn't do HER job properly, which has put her in a pickle.

OK, tell me this much.

I need extra cash and have some room to rent out.

I am taking a tenant.

Then I am deciding it isn't working for me because I

am a loner. I want tenant out.

Do I have to sell the house to get tenant out?

Or tenant is my responsibility to the end of my life

because once I had made a mistake

[tloonya]

Plus do disable people have rights to stealing?

[The Walk of the Penguin Mich]

You need to vet the tenant properly and know your state's laws on being a landlord.

That means that when you make the decision to accept their money, you have to follow the law.  Just because YOU decide to change your mind it does not mean that you can toss them out without warning.

Read your state's regulations, simple as that.  If you can't abide by them, then don't rent out your room.  The choice is your's.

[cael]

Mar 6, 2016 12:24:44 GMT -5 tloonya said:

Mar 6, 2016 12:12:17 GMT -5 The Walk of the Penguin Mich said:

Your friend DOES have rights.  But she accepted this person as a tenant, apparently without vetting them properly.  She also accepted money from them, which means that the tenant also has rights.

The responsibility for at least part of this problem lies with your friend.  She didn't do HER job properly, which has put her in a pickle.

OK, tell me this much.

I need extra cash and have some room to rent out.

I am taking a tenant.

Then I am deciding it isn't working for me because I

am a loner. I want tenant out.

Do I have to sell the house to get tenant out?

Or tenant is my responsibility to the end of my life

because once I had made a mistake

You would have a legal process to go through to get them out of your house - it could take a long time and a lot of money, but there is a legal process to everything.

Also if you rented the room illegally your tenant would have more rights and you'd be more likely to get screwed during the eviction.

[The Walk of the Penguin Mich]

Mar 6, 2016 12:30:06 GMT -5 tloonya said:

Plus do disable people have rights to stealing?

No, but you still need to follow the law.  If you do not follow the law, the disabled have more resources than Joe Schmoe to make sure you comply.

[tloonya]

Mar 6, 2016 12:33:19 GMT -5 The Walk of the Penguin Mich said:

You need to vet the tenant properly and know your state's laws on being a landlord.

That means that when you make the decision to accept their money, you have to follow the law.  Just because YOU decide to change your mind it does not mean that you can toss them out without warning.

Read your state's regulations, simple as that.  If you can't abide by them, then don't rent out your room.  The choice is your's.

So you CAN evict with proper warning?

Also not everyone is a 'landlord pro' - she did it for extra

much needed cash. Who knew?

[milee]

Mar 6, 2016 11:29:09 GMT -5 Shooby said:

Have a police escort to pick up the items on a set day and time.  If she then doesn't show up on the agreed time, the landlord can do whatever with the stuff.
   I dont' know what the tenant laws are.  

No joke you don't know what tenant laws are if you're recommending that the landlord can "do whatever with the stuff."  That's not just bad advice, that's really bad advice.

Landlord tenant laws vary hugely by area and they aren't always logical.  Your "friend" needs to quickly get some advice from someone who is an expert in your local landlord/tenant laws or she could end up owing the tenant a large amount of money.  This is not something you can get good advice on unless you are willing to disclose your exact town, state and the exact terms of the agreement. 

[The Walk of the Penguin Mich]

Ignorance is no excuse.  Yes, she can evict with proper warning.  No one said otherwise.  But she can't just throw her tenant and belongings out and change the locks without following the law.

I have never been a landlord, but I have been a tenant.  So I am not a 'landlord pro'.  Your neighbor was 'naive' to believe that she would not have to comply with the law.

[milee]

Mar 6, 2016 11:29:39 GMT -5 The Walk of the Penguin Mich said:

Also, it would behoove your friend to follow the letter of the law.  With the tenant having an established disability, there are a bunch of resources that the tenant can pull in if she does not.  

No joke. Even if the tenant wasn't disabled, there are usually several local agencies to provide free legal help for tenants. If the tenant is disabled, then there will be even more resources - like free legal services who will happily sue - that she can access.

The worst part about being sued is that even if the case has no merit at all and you end up winning, you spend thousands and thousands of dollars on legal fees in defending yourself. You may or may not get some of those fees awarded to you if you win. So your tenant who can get free legal help and sue you at no cost to herself has a huge advantage here because nobody is going to defend you for free.

Oh, and wait until she and her legal team get the media involved. The story will go something like, "slum lord illegally evicts disabled young woman." And the gist of the story will omit all her issues and theft and instead claim that she paid all her rent on time and was a model tenant that as soon as she had a health issue her heartless landlord illegally threw her out on the street without proper notice or legal process. She will be an "honor student" who dreams of being a Peace Corps worker or preschool teacher and her dreams are being endangered by this evil landlord who is only concerned with profit.