Convict moves in unannounced....

Convict moves in unannounced....

Member since 2009 · 31 posts · 0 votes

So I have my first floor tenants who give me lots of problems. I am owner occupied 4 family and I live on the top. I have had to install 4 security cameras because of him. He has generally 25 people in and out of his house a day.

So last month October 30th his brother gets out of jail and decides to move him into his apt. He is on the ankle bracelet and had the sheriff come and install the receiver. After this he asks permission to have him stay there. Giving me a sob story about seeing his kids for thanksgiving I give him until December 1st and charge him an extra $100.

It is Dec. 2nd and he is still there. He is saying he is waiting for the sheriff to come he has already filed papers.

*What do I do? Can I call the sheriff and have him removed? ( I dont want bad with an ex con)

*Do I threaten an eviction for breaking lease and having him trespass?

*Or suck it up and collect the extra $100/month? (in mind w/ him being there his wife and 2 children are usually there during the day. the occupants went from 4 - 8.)

O please advise!

:cry:

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Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
16y

Oh the joys of living next to your tenants!

Did you screen the tenant before you rented the place? With 25 people in and out of his unit each day, it sure sounds like he's dealing drugs. That's usually not something that starts suddenly with no prior evidence.

What's your lease situation? Is he on a long term lease? Month to month? If its month to month, just terminate it ASAP.

I wonder if you have created an implied tenancy when you took the $100 for having the new guy there in November.

Tough to evict someone on the basis of having additional occupants. Is the rent late? That's a much easier eviction.

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  • Real Estate Investor · Sacramento, CA · Member since 2008 · 566 posts · 356 votes
    16y

    I don't get it. And, I understand implied tenancy, but, nobody of any legal standing has declared that, and accepting it as if it were is just being scared of one's own shadow..

    CON CAN"T GO ANYWHERE ELSE UNTIL SHERIFF MOVES HIM! HE IS REQUIRED TO BE AT THE POINT WHERE SHERIFF PLACED THE MONTORING DEVICE IN THOMAS' APARTMENT AT WHATEVER TIMES WERE SCHEDULED!
    CALL THE SHERIFF, EXPLAIN THE SITUATION AND GET HIM MOVED!

    Yes, I meant to yell.

  • Real Estate Investor · North Carolina · Member since 2008 · 1k+ posts · 483 votes
    16y

    Part of being a succesful LL includes spending money on a good attorney.

    Do so.

  • Joshua D.Pro Member
    BiggerPockets Founder · HI · Member since 2008 · 16k+ posts · 5k+ votes
    16y

    I'm going to have to agree with Mark here . . . what does the lawyer say?

  • Attorney · Raleigh, NC · Member since 2008 · 4k+ posts · 1k+ votes
    16y

    Just a thought....

    Since you own the building and live there can you contact the local police department and inform them that for the next 30-60 days you're surrendering part of your 4th amendment rights on the building - basically open the building up to random unannounced searches? Everything that can be used one way can be turned around and reused another way. Like Josh said though, talk to the attorney.

    Tim

  • Real Estate Investor · OH · Member since 2008 · 4k+ posts · 1k+ votes
    16y

    The police still couldn't search the tenant's apartment without a warrant. The owner can't give up the tenant's constitutional rights just because he lives in the same building.

    Furthermore, if you're going to talk to an attorney, it had better be a good one that you can TRUST. Lawyers make money by suing people and going to court (and extorting money). So, what do you expect the attorney to say? Many attorney's would love to take your money for an eviction that they won't win. If you're going to talk to an attorney, I would get a referral from the SUCCESSFUL landlords in your area.

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