"Unfit for habitation" eviction?

Question

I recently purchased a duplex in Atlanta, GA in Fulton County. One side is occupied and I'm currently rehabbing the other side. We are repairing rotting, moldy floor joists, a condition that extends through the floors of the other unit, due to years of leaks and neglected maintenance by the previous owner.

I have explained to my tenant that the unit is not suitable for habitation because of the mold and rot, and that these issues cannot be repaired on her side while it's occupied. She has agreed to find another home but it has been two weeks and it doesn't seem to be a priority for her. I would like to light a fire under her to get her moving. What is the best way to remove her so I can rehab her unit? Is there a clause for immediate eviction due to "unfit for habitation" reasons? What is your experience in dealing with this situation? Everything I've found online have been for tenants to address their landlords; I haven't found anything for landlords to give their tenants.

The lease doesn't not have an early release/termination clause for either landlord or tenant.

Thank you!

Bob B. · Answer

@Sheree Hsu If you're pulling permits for the rehab then code enforcement should not be a problem, but I would not go there unless you have to.

I would remediate (not test) the mildew or discoloring in her unit and evict her asap.   I know Fulton County Courts take their time for and eviction, but get the ball rolling ASAP.  I'm betting you can find a viable reason to evict her for.  Get an attorney on it and it will move a lot faster. Lucky for us, we aren't in California or one of the other anti-landlord states.

Rick Baggenstoss · Answer

@Sheree Hsu  Rent the second unit to a cop who does not like women, do drugs, or party.

Sheree H. · Answer

Thanks Gail, I'll look into the code enforcement route.

Max, if it was any of my other tenants, I would. I inherited this tenant with the house but I would not choose to put her in any of my properties. Drugs, prostitution,  parties, fighting, you name it. She does pay rent, but always late.

Her lease ends 1/1/2018.

Christie Gahan · Answer

Also, have you had the mold tested ?  This could work for you or against you in court.  If you can prove that it is not toxic mold that will limit her future claims.  Put this duplex in an LLC

Christie Gahan · Answer

Are you documenting the cash for keys / assistance moving ?

Let your friendly local police know that you suspect drugs and prostitution.

Jennifer T. · Answer

I had a similar situation a couple years ago.  The unit was in HORRIBLE condition.  No drywall or lower cabinets on one wall of the kitchen.  Half the "flooring" was just the concrete slab, lol.  Except the "tenant", who was living there for free because his sister was the previous owner, wasn't on any kind of lease.  So, the day after closing, I gave him a 30-day notice to vacate.  I also offered him $300 "cash for keys" if he was out in those 30 days and there was no further damage to the unit.

I realize it is a lot more difficult for you because she still has about 6 months on her lease.

I hear what you're saying, but I think you might be opening up a big can of worms for yourself trying to get her out for uninhabitable conditions.  I'd keep the "cash for keys" door open for her, for the next 3 months or so.  I mean, don't tell her that length, but an occasional reminder, "Hey, my offer still stands.  $X If you move by Y date and don't have any damages to the unit.

In addition, if she pays rent late, post that 3 or 5-day notice the day after rent is due.  Are there terms of the lease she is violating?  If so, take evictions steps for those.

Jeff B. · Answer

Uninhabitable will fall on the head of the owner/landlord, not the tenant.

Tenant would be awarded damages and the owner cited and pay fines imo.

Andrew Holmes · Answer

@Sheree Hsu

If you bought the house with the existing tenant then you inherited the lease as I see it. Have you tried may be just offering her a little cash for keys. Do not give her the cash unless she vacates the unit and signs it over to you. Then get her to sign off that she is taking the cash and willingly move out.

We had a similar situation on a property we bought at Cook county sheriffs sale. It was a 2 flat and had a bad roach problem. While rehabbing the upstairs unit upstairs the workers kept seeing roaches. Then we realized that the issue was because of the preexisting tenant down stairs. They lady and her husband seemed like they were willing to work with then and continued renting to them. In Cook county it takes a 90 day notice before you can even start the eviction if there is a existing tenant on a property you buy from auction. So by the time the sheriff shows up for eviction the process can be 6 months minimum.

So we offered she move out and we would rehab the whole building and then she would have a nice clean unit.

She moved out willingly and then a few days later I get a call from an attorney from some sort of a tenant right attorney free advocacy group. Even though she moved out on her own she accused us of throwing her out.

Just to avoid the headache we paid her $ 1100 to get rid of the headache. It was total blackmail because we had done nothing wrong. Yet we forgot to get a piece of paper signed so we have something in writing from her.

It may be worth while trying to offer a little money and getting rid of the headache. I hate doing that but sometimes it's easier than fighting a stupid person. It's a business decision sometimes.

Sheree H. · Answer

Thanks for all the great input and responses! I appreciate the help!

I just wanted to find out if I could legally evict her based on the condition of the house. The house is bad and it is a liability to have her and her child living there, but there are also other important benefits to me in a quick eviction. ie the cost/time savings in renovating both sides simultaneously, and getting a better tenant for the renovated side if she's not there. However, it sounds like I need to just go the traditional 30 day eviction route.

Thanks!

Sheree

Sheree H. · Answer

John, there is no deposit. I would have to pay her. A lot, since she already rejected my offer of one months rent cash for keys. I didn't get a deposit when I purchased the house because the previous owner didn't take one. The word on the street is he took payment in the form of sexual favors. What I want to know is how the judge will rule. Mold/rot is not an issue, I'll be gutting it anyway.

Thomas, I have read them, over and over. Its very general in GA. Its clear on what a landlord must do to keep the dwelling habitable for the tenant, and the tenant can end the lease over specific issues, but there's nothing specific on how the landlord can end the lease to fix things.  I'm trying to figure out how to do this legally.

"Unfit for habitation" eviction?

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