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-   -   Safely evicting a vindictive and defiant tenant that refused to sign lease. (https://www.askmehelpdesk.com/showthread.php?t=835470)

  • Nov 11, 2017, 07:00 AM
    BynSalfr
    Safely evicting a vindictive and defiant tenant that refused to sign lease.
    A guy I thought was a good renter prospect needed a residence quickly. His ex wife orchestrated the move in, and I let him move in with the understanding he needed to sign a lease and follow simple house rules. I had a business relationship with his ex, and thought she had my best interest in mind... I was terribly mistaken.

    I live in the upstairs, and he lives in the finished downstairs basement. We have separate entrances. Entry can ONLY be accomplished to the two apartment through these separate entrances... no connecting stairway. The residence is in the City of Fredericksburg Va. Less than a week of him moving in his belongings I presented him with an internet produced Virginia lease agreement. He told me he paid his 1st months rent and security deposit, and he wasn't going to sign it. After reading a few of my added "rules of the house" he proclaimed "I paid my rent, and I'll do anything I want" I replied "then your stay will be short" to which he replied " Your ignorant to the law, and you will not get me out for a year" His ex wife is a realtor and he does have me over a barrel. This guy is destructive, defiant and downright unreasonable. The down stairs was just refurbished (the kitchen is 100% new wall to wall from a girl that drove her car into it) I am worried that he will destroy things, or leave the water running constantly (my tab) or otherwise do something that could cost me $1,000s. I want him out legally, but I am dealing with an absolute unknown as to what he'll do in the process. His current wife locked him out of their house while he finished rehab. The rehab didn't work as he still drinks heavily. He is very loud and noisy all the time... doesn't care that I am just one floor above him. He is on disability. I am worried sick about the monster I now have to deal with. Thoughts
  • Nov 11, 2017, 08:05 AM
    talaniman
    NO LEASE? He is subject to all kinds of rules including RAISING HIS RENT, and other strict rules of tenancy. Consult your local laws regarding landlord rights and no lease tenancy. If his behavior is unruly, or destructive, call a cop. Document EVERYTHING. Got pictures?
  • Nov 11, 2017, 09:00 AM
    J_9
    Your mistake was accepting first and last month prior to the signature of the “lease.” How long has he been there?
  • Nov 11, 2017, 09:24 AM
    ma0641
    Since he has no lease, you can charge whatever you set as rent, make it $3,000 per month. First time he fails tp pay, you start eviction. NEVER rent without a lease!!
  • Nov 11, 2017, 09:37 AM
    talaniman
    Make sure you give proper notice of rent increases per your local laws.
  • Nov 11, 2017, 10:39 AM
    smoothy
    And suggest using a process server to serve notices... in case this ends up in court he can't deny he got them. The Process server is a disinterested 3rd party. Otherwise its only your word against his... it bolsters your case.
  • Nov 11, 2017, 03:31 PM
    Fr_Chuck
    He is merely a month to month renter. Of course you know know, no one moves in till all paper work is signed. As a month to month renter, you may change his terms. So give him a copy of the "rules" and explain as a month to month renter he has to follow those rules starting the first of the next month.

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