I have a scenario that I am not sure how to approach.
I have a group of three individuals living together, the investors son picked the two roommates and I manage the home. One of the roommates has turned out to be an alcoholic who likes to party late and have guest stay over frequently, he is not necessarily the most cleanliness either. I do have a pretty detailed lease stating housing regulations with roommates, and also had an addendum signed re stating the rules and how I will be enforcing them.
But there is more to it, the individual had a friend over, whom barged into the females room while she was sleeping asking for a ride home, and on another occasion I was also told the problematic roommate was drunk walking around the home with JUST a shirt on, with all the goods hanging out. I am actually concerned for the safety of the other two roommates, especially the female.
Can I issue an eviction notice for safety concerns, this is the first place I am starting to get some feedback.
This is going to depend on several things--namely your state laws, the lease arrangement, and who you have the lease with (each tenant, one principal tenant who is responsible for assigning roommates, does he have a roommate agreement with them, has he broken any of those stated rules, etc.). In my state, if you have one lease with the owner's son and no lease with the roommates, it would be the son who evicts the roommate and he would need a letter from you, the property management company, giving permission for him to do so. He would still need grounds for the eviction, which is a lot easier if there is something stated in his roommate agreement that the roommate is specifically disregarding. Good luck.
You have a duty to enforce the terms of your rental agreement for the good of all concerned. Be swift, firm and fair. Unfortunately, it is an all or nothing situation if all the roommates are on the same lease/rental agreement as jointly and severally liable. If you want one to go, they all must go.
If the non-offending roommates want party boy to leave, then it is something they will need to sort out among themselves. You can not protect the female tenants unless they are willing to do what it takes to protect themselves. You can however, provide them with informational resources for them to do just that.
Review the terms of the rental agreement and enforce as warranted with proper legal notices. That should get their attention. Also, do periodic inspections to check on the condition of your property and keep an eye out for other lease violations. Rule breakers tend to break more than one rule. Nip this in the bud. Could turn out to be a good learning experience for all.
Marcia Maynard, Fischer Properties | Podcast Guest on Show #83
What does the owner say? Is he letting his son run the show or can he influence him? Are any of the roommates pushing you to do something about the drunk troublemaker?
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