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-   -   Can you evict a tenant for verbal abuse? (https://www.askmehelpdesk.com/showthread.php?t=452266)

  • Feb 27, 2010, 07:19 AM
    sanuher
    Can you evict a tenant for verbal abuse?
    I have a tenant that, for the past several months, has a very bad verbal abuse problem towards me. I, the owner of the home, am not allowed to make "rules" in the house. He is defiant and breaks everything I set forward - please take off your shoes when entering the home, do your own dishes, clean up after YOUR dog, buy your own grocerys and stop using my food, pay your rent on time, etc... easy, huh? Well, I continuously get called a "ing ", among other names. I can't live like this and want to know if I can get him out of here earlier than a 30-day notice. Thanks.
  • Feb 27, 2010, 07:38 AM
    JudyKayTee

    This is a legal question and I have asked that it be moved.

    Impossible to know how to evict someone unless "we" know where you are but, yes, you can evict someone simply because you don't want him living there anymore. Is there a lease?
  • Feb 27, 2010, 07:46 AM
    excon
    Quote:

    Originally Posted by sanuher View Post
    I can't live like this and want to know if I can get him out of here earlier than a 30-day notice. Thanks.

    Hello sanuher:

    Unless he's broken the lease and/or rental agreement, you CANNOT "evict" him. I don't believe giving you crap qualifies as a breach. Besides, "eviction" is a legal procedure that's going to take LONGER to accomplish than simply giving him a 30 day notice to vacate.

    excon
  • Feb 27, 2010, 07:51 AM
    Fr_Chuck

    Is he paying on time ? What were the original rules of the rental agreement, you can't add rules latter .
  • Feb 27, 2010, 09:05 AM
    JudyKayTee
    Quote:

    Originally Posted by excon View Post
    Hello sanuher:

    Unless he's broken the lease and/or rental agreement, you CANNOT "evict" him. I don't believe giving you crap qualifies as a breach. Besides, "eviction" is a legal procedure that's gonna take LONGER to accomplish than simply giving him a 30 day notice to vacate.

    excon



    This must vary from State to State - if it's a month to month tenancy in NY (which I should have said I am addressing) you can evict someone simply because you don't want him there any longer. There doesn't have to be a breach.

    That's why I asked if there's a lease.

    Other States are more strict. That's why I asked which State.
  • Feb 27, 2010, 09:15 AM
    excon
    Quote:

    Originally Posted by JudyKayTee View Post
    This must vary from State to State

    Hello Judy:

    I don't think so... It's just the vernacular we're using. To end a month to month tenancy, the landlord sends a 30 day notice to vacate. You're calling it an eviction. I'm calling it a termination. The result is the same.

    excon
  • Feb 27, 2010, 10:26 AM
    JudyKayTee

    We're just using different terms for the same process - I consider the notice to vacate to be part of the eviction proceeding. It is important, of course, that that notice be in compliance with the law.

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