Need to Ban a Violent Guest from Property - how to handle?

Question

Hi all,

My tenant's family member and her boyfriend (who are not on the lease) are causing destruction of property and many issues - such as damaging another tenant's property during an argument. I was wondering if anyone has a sample letter or an approach I can use to ban the 2 individuals from the property completely. Both of these individuals already have a police report filed against them as well as a restraining order from the other unit owner in process.

I need both of these individuals to stay away from the property and if they violate the terms, I need to proceed with eviction.

Does anyone have any language or template I can use?

Thanks in advance!

Deanna McCormick · Answer

Call your city police department and download their NO Trespass form.  In order to serve it you have to physically meet with them at property and give it to them..or if your there you call police tell them you want a NO Trespass order made against the person that is CURRENTLY on your property and you want them removed.

I basically posted a NO Trespass sign and also filled out the form and put a copy on the entry to the people that were issues.. they never came back

Do A  Crime Free / Drug Free Addendum to your tenants..  READ part 5

CRIME-FREE/DRUG-FREE

ADDENDUM HOUSING AGREEMENT

In consideration of the agreement for housing the Owner and Agent and Resident agree as follows;

1.Resident, any members of the resident’s household or a guest or other person under the resident’s control shall not engage in illegal activity, including drug-related illegal activity, on or near the said premises. “Drug-related illegal activity” means the illegal manufacture, sale, distribution, purchase, USE, or possession with intent to manufacture, sell distribute, or USE of a controlled substance (as defined in Section 102 or the Controlled Substance Act (21 U.S.C. 8002) or possession of drug paraphernalia.

2.Resident, any member of the resident’s household or guest or other person under the resident’s control shall not engage in any act intended to facilitate illegal activity, including drug-related illegal activity, on or near the said premises.

3.Resident or members of the household will not permit the dwelling to be used for, or to facilitate illegal activity, including drug-related illegal activity, regardless of whether the individual engaging in such activity is a member of the household.

4.Resident or members of the household will not engage in the manufacture, sale or distribution of illegal drugs at any locations, whether on or near the dwelling unit premises, or otherwise.

5.Resident, any members of the resident’s household, or a guest or other person under the resident’s control shall not engage in acts of violence, or threats of violence, including but not limited to the unlawful discharge of firearms, prostitution, criminal street gang activity, intimidation, or any other breach of the housing agreement that the other wise jeopardizes the health safety or welfare of the landlord, his agents, or tenants.

6.VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL VIOLATION OF THE HOUSING AGREEMENT AND GOOD CAUSE FOR TEMINATION OF TENANCY.   A single violation of any of the provisions of this addendum shall be deemed a serious violation and material non-compliance with the housing agreement.

It is understood and agreed that a single violation shall be good cause for termination of the housing agreement. Unless otherwise provided by law, proof of violations shall not require criminal conviction, but shall be by the preponderance of the evidence.

7.In case of conflict between the provisions of this addendum and any other provisions of the housing agreement, the provisions of the addendum shall govern.

8.This Housing Agreement Addendum is incorporated into the Housing Agreement executed, or renewed this day between the Owner, or Agent, and Resident.

MANAGEMENT  RESIDENT

Agent

___________________________________  _____________________________

BY:________________________________  _____________________________

Date Signed:_________________________  Date Signed:___________________

Resident(s) acknowledge receipt of this addendum by signature of this document

Tyler Libby · Answer

Hello!

I'd probably try to find a trespass letter from your state.  Just to make sure you are inside the laws of your area.  In my experience they are usually pretty simple anyway. We are both in MA, but I have not had to do one in MA yet.  In NH, I just told the guy that was the problem "you are not allowed here anymore" and he never came back.  At a previous job in MA I used to trespass people all the time and it was very simple one page form that basically said "You are not allowed on the property... forever!" and the police did honor it.  Although in reality, I think they have like a 3-5 year shelf life.