Eviction grounds. Diisorderly conduct or no?

Question

My tenant is upset that I fined them for repeatedly parking unauthorized in the driveway. So I have him on camera tampering with the hallway camera.  Specifically, he grabbed and turned it  to where it slightly refocused.  Its not necessarily damaged. I havent been there to see yet but it still works. Is this grounds for filing for eviction? Is it grounds that does NOT require a notice to cease?  Does it fall under disorderly conduct? And if so, I'm seeing conflicting info on if disorderly conduct eviction requres a Notice to Cease.

Joel Miller · Answer

Forget about the camera issue. The REAL issue is that the tenant wants to continue to park in the driveway without you knowing about it. Obviously, other problems arise if they park there, or you wouldn't be restricting it. In the big picture, this tenant has become a PITA tenant. I've been a landlord for 48 years now, and I long ago came to the conclusion that peace of mind is more important than money. An uncooperative tenant will rob you of your peace of mind. Therefore, I believe landlords must be brave and not fear vacancy created by removing a PITA tenant. Would I worry about whether this is grounds for eviction? No, but I would simply utilize the clause in my lease that allows me to cancel the lease with 30 days written notice for any reason at any time. Give them notice, turn over the apartment, and move on. And if, for some reason, they don't move by the allotted 30 days, then there is absolutely reason to evict which is that they are occupying the apartment past the end of the lease.

Michele Fischer · Answer

This probably doesn't warrant eviction, but I probably would not renew their lease when it expires either if I had the choice.

When we move a tenant in we like to say "you can stay as long as you want as long as you pay the rent and follow the rules."  The parking violations, messing with the camera, and possible retaliation are not keeping their end of the bargain.

Theresa Harris · Answer

Readjust the camera and move on.

Patrick O'Sullivan · Answer

Whether this is grounds for eviction really depends on your lease and local laws. If the lease prohibits tampering with property or cameras, you may have a case, but most places still require proper notices and following the legal process.

In many areas, “disorderly conduct” alone is not enough to skip a notice to cease. It usually falls under lease violations, so sending a formal notice that the behavior must stop is typically necessary before moving toward eviction.

If the camera still works, it may be simplest to document the incident, readjust it, and send a clear written warning to the tenant. That keeps you legally protected if things escalate.

This is a tricky spot, but sticking to the lease rules and proper notices will help you avoid complications if it goes to court.

Drew Sygit · Answer

Depends on what your lease states.

Otherwise, you are at the mercy of a judge's interpretation.

Eviction grounds. Diisorderly conduct or no?

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