I have tenants that live above me, the landlord, over the past 4 years numerous items have come up missing including money. We are hoping to catch them in the act with security cameras we just installed When we do, what should we do next? If we go to the police and prosecute and they are :confused: found guilty, are they allowed to live in our home until we evict them? I live in Massachusetts.

In the first post of this forum there are links to each state's LL/tenant laws. That's a great place to start.

Also, do you have a written lease with them? And are they month-to-month or somewhere in the middle of a lease term? If they're month-to-month, just give them the proper amount of notice to vacate. You don't even need a reason at all, if they get ticked just say you're gutting the place and remodeling, or something. Then if you catch them on tape in the mean time, press charges.

If you have a written lease, what does it say about illegal activity? My lease prohibits illegal activity, so that would be grounds for eviction. Are they in violation of any other parts of the lease? Or if there's no written lease, are they inviolation of any state laws relating to tenant's conduct?

If you actually catch them stealing from you on tape at the same time you go to the police inform them that the theifs live directly above you and you are afraid of them retaliating. Heck, ask for a restraining order if necessary.

So are they actually breaking into your unit?

Karla in TX

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Originally Posted by rockinmommy

In the first post of this forum there are links to each state's LL/tenant laws. That's a great place to start.

Also, do you have a written lease with them? And are they month-to-month or somewhere in the middle of a lease term? If they're month-to-month, just go ahead and give them the proper amount of notice to vacate. You don't even need a reason at all, if they get ticked just say you're gutting the place and remodeling, or something. Then if you catch them on tape in the mean time, go ahead and press charges.

If you have a written lease, what does it say about illegal activity? My lease prohibits illegal activity, so that would be grounds for eviction. Are they in violation of any other parts of the lease? Or if there's no written lease, are they inviolation of any state laws relating to tenant's conduct?

If you actually catch them stealing from you on tape at the same time you go to the police inform them that the theifs live directly above you and you are afraid of them retaliating. Heck, ask for a restraining order if necessary.

So are they actually breaking into your unit?

Karla in TX

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Hi Karla... they are month to month tenants. My door is not locked, but they are entering uninvitedly when we are at work. We thought they were trustworthy. Cindy

If they are month-to-month give them the necessary notice TODAY! That will at least get the ball rolling. The longest you'll be stuck with them is that many days.

And, maybe I'm missing something here, but wouldn't locking your door be a step in the right direction, also?? Obviously it's not right to steal - door locked or not - but unfortunately in 2007 there are a LOT of untrustworthy people in the world who wouldn't hesitate to come into your UNlocked home and steal from you... not just the untrustworthy tenants.

Karla