Evicting only 1 housemate

Evicting only 1 housemate

Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes

Ok, I have already a call in with Legal Shield on this, so, I'm fully aware that what you're answering is not legal advice. 

I have a situation, in Georgia,  where 1 of 3 roommates in a unit (part of my 10 unit artist community) is a huge problem - not only to other tenants in other units, but also to his 2 roommates. 

He's beaten a tenant in another unit, who didn't want to call police, but asked to please let him move out, as he feared for his safety. I let him go, as he found other tenants to replace him. He brings in sketchy friends that hang out on the property and who intimidate other tenants (which is really a community, but now people are staying in their own units), as well as the other 2 roommates (one of them is out of town now and the other stays on the couch with friends, because he's scared). Have caught one of the friends standing out in the open, peeing on the property in front of me. I yelled at him to leave, right now, or I'd call the police . he left that moment, but is still hanging around. That roommate doesn't care. He lets people stay. 

As I understand it, I can not evict a single tenant, but have to name everyone on the lease (3 people on the same lease) and the other 2 roommates have come around to be willing for me to file eviction against them, just to get rid of this guy. I would give those 2 guys a letter from me, stating the situation and why they were named in eviction. 

But it's difficult to have a proper reason for dispossessory. 

Can him being a nuisance be a reason to file only against him? Tenants have the legal right for peaceful enjoyment of the property and neither the neighbors nor his 2 roommates have that. Have given several notices and things work for a bit, but then things slide again. RIght now he simply doesn't give a damn about me or anyone else and he's taken over the apartment. 

For the past month there's been a friends 2 cars parked on the property, taking other tenants' parking spaces. 2 weeks ago I gave notice that only residents can park there and those 2 cars would be towed, if they're seen parked there again. They were then moved to the street in front of our entrance. 

I live half a block away and drive by that street every time I come or go and I see those 2 cars every time. Once during the day the SUV is gone, but it's back the next time.  The cars are there at 4am or 8pm. I suspect his friend is living in the car (with 4 small children and wife or maybe just him), since the 2 roommates tell me that the friend is not living in the apartment, so I can't use that. 

What would you do in my situation? I'm not willing to pay him off. 

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Rental Property Investor · Upstate, NY · Member since 2012 · 3k+ posts · 3k+ votes
7y

"....Yes, he did break the lease by beating the other guy up, but I don't have proof, because the other guy didn't want to get the police involved....

Give it time.... Recidivism is inevitable!!!!

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  • Rental Property Investor · The Vampire State · Member since 2013 · 2k+ posts · 2k+ votes
    7y

    If they are on a M2M lease, just issue a 30-day notice of termination.  That way you don't have to come up with an official "lease violation" that will hold up to the scrutiny of a judge.  If they are on a term lease, you know what I'm going to suggest for next time. ;)

    Do you have a crime-free/drug-free addendum to the lease?  Mine says, in part:

    CRIME-FREE / DRUG-FREE:You, a guest or other person under your control shall not engage in illegal activity on the Premises or near enough to adversely affect it or other residents.

    This includes:

    ...

    c. Engaging 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 Lease that otherwise jeopardizes the health, safety or welfare of the Landlord, his Agents or Tenants. 

    All the other CF/DF addenda I have seen are written very similar, so that might help you if you have that.

    It's a real challenge to get rid of someone on a term lease who doesn't fit in if they are still paying rent.  I believe that in all cases, term leases only favor the tenant;  never, ever the landlord.  I just don't personally see any value to people on our side of the contract.

    Maybe call LE on the "vagrant friend" just to make it less comfortable for your tenant so maybe he'll leave.

    Good luck!

  • Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
    7y

    Thanks, they're on a term lease.While I tend to let those leases run M2M once the year is up, starting off with M2M isn't so good, if you're planning to refi. I found that mortage companies want to see at least a 6 months lease. 

    Anyway, Yes, he did break the lease by beating the other guy up, but I don't have proof, because the other guy didn't want to get the police involved. 

  • Rental Property Investor · Upstate, NY · Member since 2012 · 3k+ posts · 3k+ votes
    7y

    "....Yes, he did break the lease by beating the other guy up, but I don't have proof, because the other guy didn't want to get the police involved....

    Give it time.... Recidivism is inevitable!!!!

  • Rental Property Investor · Queens, NY · Member since 2018 · 99 posts · 70 votes
    7y

    @Michaela G. Maybe install some security cameras and public lighting for the outside area, this will probably discourage him peeing or beating people in public while he is under the term lease. 

  • Real Estate Agent · Princeton, NJ · Member since 2016 · 1k+ posts · 1k+ votes
    7y
    Michaela G. - I filed eviction against one roommate for non payment of rent and other lease violations (failure to clean up after pets.) I had leases with each roommate separately though. After the sheriff served her, she came to court and we mediated a settlement. Can you not catch him on some lease term violation and issue him x days notice to rectify or quit the premises? Generally I’ve found I can get jerks to leave and I can get them to pay until their spot is rerented.
  • Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
    7y

    So how willing are the roomamates to have him gone and do they want to stay? 

    If so I would have them call the police on the guy  

    Also i think you can evict one tenant - or you can try. But my guess is calling the cops will get him gone

    Or you can threaten him with cops and eviction and say you will “allow” him off the lease if he leaves peacefully etc  

    You can also just evict the entire lot - or let them all out of the lease then have the two good ones come back and resign

    Idiots like this guy mostly are not going to want to bring trouble with the cops so he probably will leave  

  • Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
    7y

    Ok on rereading : have you been documenting all the lease infractions with notices properly posted? That is your first step. Make sure you have “tenant parking only” or “assigned parking only unauthorized  vehicles will be towed” signs. Then tow the vehicles that are illegally parked. 

    People have a legal right to peacful enjoyment so if this guy is loud and bothing folks write him up. 

    Check your lease for what it says re quiet time etc. 

    But to evict you need a paper trail. .  

    Will the dude that got beat up sign a statement? That would help too. 

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