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Landlord2012 · Dec 9, 2012, 12:22 AM

If you have a tenant who is obstinate as well as untruthful... has only lived in home 3 weeks and has already violated lease by moving someone in with her and not making me aware and has taken up carpet out of a room without my permission... and admitted both things on a text message, what are my legal rights? I don't trust her... I want her out and have sent a notice to quit. Do I have enough to get her removed? It goes against everything in the lease agreement... plus she said she was at the house and lied when letting me know very important information regarding the hot water heater... plus even after I made it clear she is not to make appts. Without first notifying me she continues to do this. Help!

ScottGem · Dec 9, 2012, 06:46 AM

You can give her notice that she has violated the terms of the lease and must vacate. You may have to give her an opportunity to repair the breach. If she doesn't fix the problem or vacate then you can go to court for an eviction order.

AK lawyer · Dec 9, 2012, 07:27 AM

Originally Posted by Landlord2012;

... Do I have enough to get her removed? ...

If she has violated the terms of the lease, probably.

Removing the carpets would seem to be enough.

Another occupant without notice, perhaps, assuming such notice is required on the lease.

You are unclear about the hot water heater thing. So I don't know whether that is, in of itself, sufficient cause or not.

Making appointments? What sort of appointments?

Fr_Chuck · Dec 9, 2012, 07:35 AM

It all depends on the terms of the lease and what penalty you listed. In most that would be enough to start eviction process

Landlord2012 · Dec 9, 2012, 11:11 AM

The hot water was not working, a problem I have had once before and I gave her instructions on what to do with the breaker at the home... it is a famiy home I inherited and know it very well and what works, etc. She called me without being at the home, telling me that she just checked it, it didn't work and to call someone to repair it. This is AFTER she took it upon herself to hire a very costly plumbing service I didn't approve. I had her cancel because I have a lot of close friends in this neighborhood (this is how I validated by phone that she wasn't home and the neighbor waited for her to get home because they have always taken care of my home for me... to see what could be done right away) and they keep watch on things. So she lied about it not working and to call someone. At that time I informed her to never make an appointment without speaking with me first (unless it was an immediate circumstance... like power, etc.). She said OK. The next day my friend did have a plumber come over and they said to my friend that I needed an electrician to look at things conn. To the heater. Before my friend could even notify me of what was going on, the new tenants live in companion, which I haven't approved to live in my home (made VERY clear verbally and in a written lease that anyone spending the night, living there over 7 days I will need to know about) called an electrician. My neighbor had to let me know that an electrician truck was at my home and when I asked the new tenant why the truck was at the house she answered that my friend told her to do that... which would never happen, but nonetheless, even if anyone had told her to do anything she should have asked me before calling someone. I am wondering if this tenant understands english... although she is manager of a multimillion dollar department store and is 32 years old! So she must understand something. She is just plain obstinate and thoughtless. Tenant nightmare! And I am SO concerned that my home will be all torn up and won't survive... this is my inheritance which is already in a trust for my children. She is aware of that and knew that if she was thinking about doing anything to the home she would need to contact me PRIOR to doing anything (stated in the NC lease clearly as well... ) I don't know what to do. I am at a loss... In one day, last Friday, she refused to give me information on her "boyfriend" living there saying that SHE feels violated... don't know why... never given me a reason for that... and that she discussed it with her parents but wants her money back except for November 1/2 a month and she will be moved out by the end of the day. I wrote her back that I couldn't stop her from moving but she will be breaking a lease. She then wrote back she can't afford to waste that money and she wants all communicate to be between just me and her. That afternoon she ends up at the home after her boyfriend calls an electrician. So this all happened within a few short hours. So she makes appointments without asking me... and rips up my carpet in my home because she thought it would be "OK". I could not have made it more clear about the only people living in the home would be her two kids and herself and if that changes I need to know immediately and nothing is to be done to the home without prior approval from me. I was trying to help a single mother, like I was for years, and now I find out that the only people there are her and this "boyfriend" and the kids don't live there! Help again! Would I win in court? She is such a liar!

ScottGem · Dec 9, 2012, 12:09 PM

Way too much detail. But the real key here if the unauthroized occupant If the lease doesn't allow it. That should be sufficient. But she could repair the breach by having him move out.

If it comes to a hearing, you can cite the carpet removal and engaging workmen without approval.

Landlord2012 · Dec 9, 2012, 01:01 PM

Thank you ScottGem... I am known for detail... or too much of them! LOL But I do appreciate your answer and it is helpful! Did not think about the fact that yes, she did say that she had it done at her expense (thinking that even if she didn't notify me that as long as she pays for anything it should be OK.. ) Uhhhh... isn't that called "Buying your own home??" LOL I pray I'll live through this... thank you :)

AK lawyer · Dec 10, 2012, 08:09 AM

Originally Posted by Landlord2012;

... And I am SO concerned that my home will be all torn up and won't survive...this is my inheritance ...

You do have the place insured, right?

Originally Posted by ScottGem

...
If it comes to a hearing, you can cite the carpet removal and engaging workmen without approval.

Yes, although I question why it should matter about the workmen if the tenant is to paying them.

ScottGem · Dec 10, 2012, 09:23 AM

Originally Posted by AK lawyer

Yes, although I question why it should matter about the workmen if the tenant is to paying them.

I agree. I don't think the OP had mentioned that the tenant had said she was going to pay them when I posted that.

Landlord2012 · Dec 10, 2012, 05:40 PM

Ok... Much worse than I thought. Found out last night after a criminal search using his name that the "boyfriend" who stays there most of the time has a 21 page rap sheet. Last arrest was in aug of this year. He has been charged with everything under the sun. I need prayers and help! How should I proceed forward? This cat is dangerous... I am a first time landlord of only 3 weeks and my tenant had a squeaky clean report and I wouldn't have moved her in otherwise. The worst thing about it was that I made it EXTREMELY CLEAR prior to her renting that I would not want anyone with a felony record to ever be in or near my home. I feel my hands are tied. Help!

Landlord2012 · Dec 10, 2012, 05:47 PM

And... she is refusing to give me his information so she knows at least some of his past. She claims he has only stayed a night or two but my neighbors say its been every night since I rented it to her.

ScottGem · Dec 10, 2012, 05:47 PM

You proceed the same way we outlined. If he makes any threats you call the police and request a restraining order.