I own a property in the inner city. I have a man from the area overseeing the maintenance and security of the premises so he has keys. He is a community advocate in the area and he is running for state representative. He has an interest in providing housing in the community, therefore he was going to assist us in filling the units with tenants. I fully expected him to contact me when there was an interested party, and we would proceed with the application process and contracts.

I showed up to my unit one day only to find a tenant that this gentleman had moved in. When I asked the man about why this person was there, he said it was an emergency because her daughter's boyfriend had shot at their house and they needed a place to go. I also found out she was originally moved in to another number with her daughter without a lease or any payment. She then went to number one and her daughter stayed occupying the other unit. He told me she would be getting assistance from a local non profit organization for rent. After 2 1/2 months of waiting for her assistance, she called me that the ceiling fell in the unit because of a leak from the unit above mine.

She was making threats of suing amongst other things, and she still has not paid any rent. She claims she gave this gentleman five hundred dollars cash when she moved in, but the move in costs are $1200. She also claims this man told her the move in costs were $500 I have not received any rent, contract, or anything else. Am I obligatd to fix the ceiling? I want to evict her, but these tenants use activists to strong arm you. I know the law states that they must notify you 7 days of any intention to withhold rent. What do I do?

You didn't have any signed contract with the guy saying he could do that? You received no money from anybody? I would guess that the main obstacle you have if she took you to court is that you DID know she was there and let it go. No lease I would say she had two feet and she can leave. I don't see any legal obligations. I would think you could get her for trespassing except you allowed it to go on.

Honestly, I would hire an attorney for this situation. AND document EVERYTHING you do in writing.

You first need to "fire" your property manager. He's stealing from you at best. Surely, running for public office, I wouldn't think he'd want that kind of information getting out about him.

A tenancy without a written lease is basically governed by you state's landlord/tenant property code. There's a link for each state at the top of this forum. I'd probably just start eviction proceeding against this woman for non-payment of rent. Just follow what the law says as far as how much notice you have to give her before you file, etc. Then, as soon as the notice period is past (3 days, 5 days, whatever it is in your state) file for eviction immediately.

You need to get a handle on your property. He could have put anyone in there! You need to either take the management over yourself or hire a professional, qualified property manager. You're opening yourself up to unimaginable liability issues!

An attorney can help you get rid of the pseudo-manager you have, weed out the interlopers who shouldn't be there (I bet there's more than just that one... ), and get you on the right track with good management or managing it yourself. Call your state's apartment association for recommendation of management, lawyers, etc.

Keep us posted. This is a very interesting case!

You didn't have any signed contract with the guy saying he could do that? You received no money from anybody? I would guess that the main obstacle you have if she took you to court is that you DID know she was there and let it go. No lease I would say she had two feet and she can leave. I don't see any legal obligations. I would think you could get her for trespassing except you allowed it to go on.

I didn't want to give you a red ;) , but I do want to clear up a few things. Once someone stays in your property past about 5 minutes they become a tenant by default. Then you have to evict them. It depends on the police somewhat from area to area. But for the most part if someone can access to your property (especially in a case like this where someone gave her keys) they become a tenant. It's normally fairly easy to evict people in these situations if they aren't paying rent, but you'll have to follow proper procedure for an eviction. The owner not expressly giving her permission and her not having a lease really have no bearing... unfortunately.

Yes I know he has to go through formal eviction NOW since he didn't tell them they had no business being in an abandoned building, but my point was that as far as them trying to sue him can't he say they moved in without his permission in the first place. I was saying he should have taken action right away that they were trespassing because he never gave them permission to move in. The other guy had NO right allowing them to.

Yes I know he has to go through formal eviction NOW since he didn't tell them they had no business being in an abandoned building, but my point was that as far as them trying to sue him can't he say they moved in without his permission in the first place. I was saying he should have taken action right away that they were trespassing because he never gave them permission to move in. The other guy had NO right allowing them to.

I agree. Except I believe he would have had a hard time ever claiming tresspassing in this case because he gave that man authority to fill his units. He had keys, etc. The "manager" may not have followed proper procedure, but he granted them access on the owners behalf. As a landlord you're responsible for EVERY thing that happenes on your property - whether you knew it was happening or not. The owner would have to turn around and file suit against the "manager".

It's kind of like those stupid criminal shows. Someone breaks into your house, hurts themselves, and then turns around and sues YOU for damages...

I figured it was more in the planning process and they hadn't ironed out all the details and legalities yet.

He did say I fully expected him to contact me when there was an interested party, and we would proceed with the application process and contracts.