Can you evict a tenant for verbal or written abuse?

Investor · Howey in the Hills, FL · Member since 2013 · 376 posts · 114 votes

Exactly what the post says guys. Tenant has sent multiple emails cursing the landlord and vowing to get even. Horribly fowl language, name calling, and slurs. Tenant states that he will not allow contractors on the property and that things will get ugly if they do. Can a landlord evict on this basis or must they tolerate the abuse?

0 Reply

18 views

Most Popular Reply

Matt Devincenzo

Investor · Clairemont, CA · Member since 2011 · 3k+ posts · 2k+ votes

12y

@Matthew B. don't forget that while you are required to give 24 hr notice, you do not require his permission to access the property. I would give the notice and show up with the contractor so that I could (if necessary) defuse the situation, or call police if necessary to protect my property. And protect my property includes preventing further damage by not being able to perform repairs.

4 Reply

See this reply in the discussion

20 Replies

Jump to latestLatest

Sort by

Mark UpdegraffBusiness Member
Real Estate Broker · Rochester, NY · Member since 2010 · 1k+ posts · 689 votes
12y
Good question! It definitely won't hurt your case. Best thing to do is consult your attorney. Have him review the lease, maybe you'll get lucky. If not, maybe your next lease will have a new clause addressing threats. :D
Podcast Guest on Show #112
Updegraff Group Realty4.745 Reviews
Website View Page
0 Reply
Jon Klaus
Developer · Garland, TX · Member since 2008 · 8k+ posts · 4k+ votes
12y
Threats of bodily harm are considered "terroristic threats" and are illegal. My lease says "no illegal activities."
1 Reply
Matthew B.
OP
Investor · Howey in the Hills, FL · Member since 2013 · 376 posts · 114 votes
12y
Jon Klaus , no threats of bodily harm yet. Just vague things like "get even" and "things will get ugly". Even if the lease prohibited being nasty, it's a subjective thing so how would you know when the line was crossed?
0 Reply
Jon Klaus
Developer · Garland, TX · Member since 2008 · 8k+ posts · 4k+ votes
12y
In these grey areas, the state you are in will make a big difference. Also your lease. This is why some do month to month only, like Jon Holdman.
0 Reply
Fran Flanagan
Investor · North Wales, PA · Member since 2013 · 116 posts · 44 votes
12y
I'm very curious as to what you proposed doing to the property that elicited this reaction.
0 Reply
Matthew B.
OP
Investor · Howey in the Hills, FL · Member since 2013 · 376 posts · 114 votes
12y
Fran Flanagan , the house needs a new roof. The contractor said it cannot wait much longer because it is in such poor condition.
0 Reply
Matt Devincenzo
Investor · Clairemont, CA · Member since 2011 · 3k+ posts · 2k+ votes
12y
@Matthew B. don't forget that while you are required to give 24 hr notice, you do not require his permission to access the property. I would give the notice and show up with the contractor so that I could (if necessary) defuse the situation, or call police if necessary to protect my property. And protect my property includes preventing further damage by not being able to perform repairs.
4 Reply
Brian Mathews
Contractor · Round Rock, TX · Member since 2013 · 767 posts · 389 votes
12y
Something is fishy. Why in the world would a tenant not want a roof replaced or significant repairs done? I've never met a tenant not willing to spend the landlords money. I think I might do an inspection, maybe something illegal going on?
1 Reply
Jean BolgerPro Member
Aurora, CO · Member since 2012 · 2k+ posts · 1k+ votes
12y
I had a line in my lease about abusive behavior being grounds for terminating the lease (including verbally abusive behavior) but when I put it in I was thinking of squabbling couples, not crazy-pants. Sounds like you've got a crazy-pants! Good luck with this.
Matt's ideas sound good to me.
0 Reply
Robert Leonard
Investor · Lafayette/Baton Rouge, LA · Member since 2013 · 1k+ posts · 915 votes
12y
@Matthew B. 's thinking on this one. Give him notice in writing that the work has to be done. Be there in person and be prepared to call the police if necessary.

You might want to call your attorney in advance just for an idea of what the legal angles are surrounding this issue?
0 Reply
Matthew B.
OP
Investor · Howey in the Hills, FL · Member since 2013 · 376 posts · 114 votes
12y
Brian Mathews , we have done an interior inspection and there's nothing going on inside. He just likes to cause trouble it seems.
0 Reply
Jon Klaus
Developer · Garland, TX · Member since 2008 · 8k+ posts · 4k+ votes
12y
When does the lease term end? Can you hang in there until then? Or sooner if there is breech.
0 Reply
Pete T.
Real estate investor · Las Vegas · Member since 2013 · 798 posts · 171 votes
12y
I guess this would be another example of the benefits of a month to month @Jon Holdman
0 Reply
Dawn AnastasiPro Member
Rental Property Investor · Milwaukee, WI · Member since 2013 · 6k+ posts · 4k+ votes
12y
Why does the contractor have to get inside to replace the roof? The roof is on the exterior of the building.
Podcast Guest on Show #29
0 Reply
Fran Flanagan
Investor · North Wales, PA · Member since 2013 · 116 posts · 44 votes
12y
If you came to my home and gave me a new roof, free of charge, I'm struggling to think of how I would "get even." Wash your car perhaps?

Some people just think everyone is out to screw them in some way. As any poker player can tell you, people are illogical.
0 Reply
Colleen F.Pro Member
Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
12y
@Dawn Anastasi for our recent roof they had to go in the attic to see if the planking was sufficient or we needed new decking so the only access to see it was through the interior. Can't say if that is the case here.
1 Reply
Jerry W.Pro Member
Moderator
Investor · Thermopolis, WY · Member since 2012 · 4k+ posts · 4k+ votes
12y
I once litigated a case like this. The owner of a rental had it listed for sale and had a month to month lease. An inspection revealed there needed to be more insulation in the attic. The managers asked the tenant, a police officer who just moved here from California if they could schedule the work to be done for the weekend, he said never. I approached him after work and tried the soft pitch, let us give you a break on rent, put you in a motel or do something nice in exchange, he suggested I do some sexual things to myself, and stated he knew the law and would be there for six months if he chose and no one was going in. I filed an Ex Parte Motion to allow the contractor to enter for 6 hours to do the repair so the owner would not lose the sale. The judge signed the Order and 24 hours later the tenant was served with the ORDER by a deputy sheriff and a coworker from the department he worked for. The contractor entered to an empty house and did the repairs that weekend.(With a civil standby) The tenant had his rent terminated the next month, and threatened to not leave and I informed him he wasn't in California anymore and I could have him out in a week to 10 days. He moved.

The officer sued the realtors and actually got a nuisance payment from their insurance company for about a $1,000, which irritated me. The officer lost his job 2 months later before completing his probationary period. My first run in with folks from California and how tenants there viewed the law.

I don't know if this helps you, but I enjoyed reliving the memory. Good luck
0 Reply
Kyle Hipp
Investor · Appleton, WI · Member since 2012 · 1k+ posts · 464 votes
12y
I would check your state statues on the issue. Here in wisconsin thete is language specifically addressing such a situation and with your communication in writing through e-mail that is pretty good proof. Do your best to be accommodating and be able to prove that you are making the best efforts that you can. Then you would most likely have grounds for eviction (at least in Wisconsin, I would say there is a case). It will still be a hassle so do you best to diffuse the situation and make it a win win for both parties. I always try to sit down with a tenant in person if there is an issue. People seem to be a lot more civil in person and come to a reasonable solution for all.
0 Reply
Matthew B.
OP
Investor · Howey in the Hills, FL · Member since 2013 · 376 posts · 114 votes
12y
Jon Klaus , lease ends in April. Dawn Anastasi , the roofer doesn't need to come inside, the tenant doesn't want anyone on the property at all.
0 Reply
Rob K.
Investor · Southeast, MI · Member since 2012 · 2k+ posts · 1k+ votes
12y
In my state, we have a form called "Complaint, Damage/Health Hazard to Property, Landlord-Tenant" which is used to give seven days notice to a tenant who is causing damage to the property. I would argue that this tenant is causing damage by not allowing a deteriorated roof to be replaced. If your state has a form like this, I would serve it to the tenant.
1 Reply

Join the conversationCreate a free account to reply, vote on answers and follow this thread.