Investor · Lemoyne, PA · Member since 2014 · 22 posts · 4 votes
Hello Everyone,
Just went through a lengthy process of evicting a troublesome tenant on our property. It now looks like the evicted tenant is “staying” in his friends unit which is also on the same property (6 unit property). His car is still parked out front of the property and he has been seeing coming and going from that unit. My questions are:
Is this legal for him to do?
Is there guidelines that I have to prove that he is actually living there?
Is he legally evicted from the unit or the entire property?
Has anyone dealt with a similar situation as this?
Any insight or advice is greatly appreciated!
Nick
If the friend's unit is not your rental unit, there is nothing you can do, other than be happy that you now know where to serve the evicted man if you plan to sue him in small claims court for your damages (assuming that he has wages to garnish, or assets to attach). If the friend's unit is your unit that you rent to the friend, tell the friend that he is violating his lease by having an additional person living there who is not on the lease. Tell him that you just had to evict the man, and for what reason, and that you would prefer not to have him on the property at all, but that if he insists on hosting him, he must comply with the terms of the lease - which means no more than 14 nights/year. Tell him that he is jeopardizing his own lease renewal, that you really don't want this man around your property.
If the friend's unit is not your rental unit, there is nothing you can do, other than be happy that you now know where to serve the evicted man if you plan to sue him in small claims court for your damages (assuming that he has wages to garnish, or assets to attach). If the friend's unit is your unit that you rent to the friend, tell the friend that he is violating his lease by having an additional person living there who is not on the lease. Tell him that you just had to evict the man, and for what reason, and that you would prefer not to have him on the property at all, but that if he insists on hosting him, he must comply with the terms of the lease - which means no more than 14 nights/year. Tell him that he is jeopardizing his own lease renewal, that you really don't want this man around your property.
Thank you Karen. Yes I own the unit as well and apparently he is looking out for this tenant since they are buddies. So I must prove that he is sleeping there more than 14 nights per year? How can I go about doing that? He could say that he is just stopping by and I don’t have the time to monitor this tenant and his whereabouts daily...
@Nick Liddell you need to check the lease you have with the friend and or your local tenant rights laws. As a landlord you need to know this stuff any how. RR
Get time stamped pictures of the idiot coming and going . Then put up a notice to correct the issue if that is ignored then evict . It is very difficult to evict on a non compliance of the lease -when the person is paying in Pennsylvania . You may have to wait out the lease then non renew . One way or another I’d find a way to get this moron out !
Does your lease limit the amount of time a renter can allow guests? My lease says guests can only stay 14 days in any 6-month period. Your lease should have a limit. Even if it doesn't, there may be something within the law that you can use to define how long the guest can stay.
I would contact the friend and put them on notice that you are aware of the situation and don't appreciate it them harboring the bad tenant. If he keeps the "guest" much longer, you'll evict them both. That might be enough to scare him to move out.
@Nick Liddell Put pressure on the friend and maybe if he knows he could potentially not get his lease renewed because of this guy he will do the work for you and faciliate getting him out.
My guess is the friend is either letting him stay there because he has no where to go or the evicted tenant is taking advantage of the current tenant. Either way what you don't want is for the tenant to leave for some reason and then you are stuck with the evicted tenant as the sole occupant of that apartment.
@Dennis M. has it right - you're going to have trouble convincing a judge that you should be able to evict his buddy because he let him shack up there, especially since everyone will claim he was just visiting. You might have a better case if he was a known drug dealer and that's why he was evicted, menacing to other tenants, etc. Otherwise, if he's just a PITA, wait until the other guy's lease is up and don't renew.
Please convey to the other idiot if the situation isn't rectified that he too will be evicted, or at best not renewed. Also let it drop that they won't be getting a good recommendation from you in the future which will impact their ability to find a suitable rental going forward.
The fact that the additional occupant is the previously evicted person should not even come into play. Unit 6 has an unauthorized, additional occupant. Let unit 6 know that this is a lease violation, and give him a notice to cure or quit. Next step is eviction.
@Nick Liddell evicted means he cannot be on the property. Let him know he needs to leave the property or you will have the sheriff forceably remove him. You can also have his car towed, since he was evicted the car cannot be there either. It has nothing to do with the other tenants guest rights. Let the other tenant know his friend is trouble and is going to suck him in to a bad situation very quickly.
The issue becomes KNOWING he is staying in the other unit vs PROVING he is staying in the other unit.
Its not easy to document how much time they spend there unless you spend a lot of time and effort with surveillance and that's probably not worth it.
I would put the other tenant on notice that he is in violation of the lease and may face eviction or non-renewal. Now if he pushes back and you end up in court tryin to evict him on these grounds, its going to be hard to win. So best case is you scare him into compliance..... otherwise you don't renew at lease end.