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    sanuher's Avatar
    sanuher Posts: 1, Reputation: 1
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    #1

    Feb 27, 2010, 07:19 AM
    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.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Feb 27, 2010, 07:38 AM

    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?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Feb 27, 2010, 07:46 AM
    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
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Feb 27, 2010, 07:51 AM

    Is he paying on time ? What were the original rules of the rental agreement, you can't add rules latter .
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Feb 27, 2010, 09:05 AM
    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.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #6

    Feb 27, 2010, 09:15 AM
    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
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Feb 27, 2010, 10:26 AM

    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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