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TracyeH (North Carolina)
Posts: 58
Posted:
Anyone have this issue with the a rental in the development? The home owner doesn't want to evict the tenant. Though neighbors are very concerned for their safety.
SheliaH (Indiana)
Posts: 6,964
Posted:


Homeowners are responsible for the behavior of their visitors and tenants, so if they can't behave and you want them gone, you need to go after the HOMEOWNER. Unless your documents say otherwise (read them), the association can't convict the tenant on its own because the lease is between the homeowner and the tenant, not the association. However, your documents may have language prohibiting homeowners from creating or harboring nuisances that affect the 'quiet enjoyment, safety, etc.," of other residents. This may enable the association to sue to OWNER - hold his/her feet to the fire and perhaps he/she will get rid of the tenant, unless he/she likes paying fines (if you have them - keep reading your documents), attorneys fees (the owners and the association's if it asks for reimbursement of legal expenses) and whatever other damages were incurred from the tenant's conduct (e.g. trash removal feels.

By the way, homeowners can also use this language to file their own lawsuits against the homeowner/landlord, so make sure the association gets involved ONLY if abuse/misuse of the common area and/or multiple homeowners are involved. Otherwise, if it's a neighbor/neighbor dispute, the association may need to stay out of it and the homeowners find a way to fix this themselves.

Also stay out of issues that are police matters - if drug dealing, meth cooking and that stuff is an issue, homeowners should be told to call 911 if a crime has been or is being committee or there's a fire, injured person, or something else that requires immediate attention from the police, fire department, etc., homeowners should call 911. The police should also have a non-emergency number where people can report suspicions.

That said, you're going to need proof, so homeowners may need to come forward with specific incidents, not just suspicions,.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KerryL1 (California)
Posts: 14,550
Posted:
Agree with Sheila. Are you on the board Tracye? Even if not, if the tenants constantly are break HOA rules, the owners should be called to hearings and fined every single time. They'll eventually get tired of it and evict the tenant.

That just happened in our rise HOA. took several calls to hearing for tenant noise nuisances & the doubling of fines and the tenant was finally evicted.
TracyeH (North Carolina)
Posts: 58
Posted:
Thanks for the feedback. We had noticed suspicious vehicles leaving the house in question but were not aware of the drug charges until the Home Owner brought to our attention. That's when the court records were checked and found that so many drug charges had been made in two different situations. It's all public record. The main concern was the speeding vehicles leaving the house and the loud mufflers on one car in particular. The home owner was aware of the tenants past, so this really is not shock that it happened. But now it seems the board is going to have to act for the safety of the residents and their peace of mind. Yes, I'm on the board.
KerryL1 (California)
Posts: 14,550
Posted:
If your HOA has rules against speeding and against noise nuisances like loud mufflers,cite the owner as you would for any other violator.

If the police will come to your HOA to issue speeding citations, call them.

You, of course, need evidence of any HOA violations or local laws.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Depending on the terms of the lease, the landlord may or may not be able to evict.

All the Association can do is institute monetary penalties against the owner for the actions of their tenants. If this is done often enough, the landlord may get the message. If it's not being done at all, there is zero incentive for the landlord to evict.

When there are issues that require police involvement, call them. In fact, have more then you call them, encourage all neighbors to call. This way it will appear to be an actual issue vs a personality conflict between two people.
CjC
Posts: 210
Posted:
It could make a difference about where or not the landlord could evict if they are just charges or convictions. The HOA as an entity has little or no power in this situation. We had a similar situation in our HOA lots of police activity but the HOA could do nothing but fine the owner for every little infraction hoping to put pressure on him to evict the renter. If this was a homeowner who was convicted, how would you try to kick him out? You can't as long as he is current on his dues etc.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Keep in mind there is something called "Tenant's rights" as well. Renters have rights too. Which sometimes outweighs the owner's ability to evict. Believe it or not, a renter in some states can stop paying rent completely upwards to a year without being evicted! That is because they can counter respond to the eviction notice. Think of it as a kind of "counter suit".

For Example. Renter stops paying rent. Owner files to evict. The Renter responds stating they are not paying rent because they have no heat. A responsibility of the owner to repair. The court may say since the owner did not take care of the necessary repair for the premises to be inhabitable, the renter could withhold rent. The eviction process would have to start over again... Which can keep going on if the renter has valid reasons of withholding.

Now in a HOA situation many owner's do not put into their rental agreements the renter is to follow the HOA rules. Which means if the renter violates a HOA rule, the owner can't evict them. It's NOT in the terms of the contract. So the owner is being fined by the HOA for the renter's violations but can't evict because the renter is NOT in violation of the terms of the agreement. Again another way they can "fight" eviction under Tenant's rights.

A HOA just has to keep calling the police. Plus keep the owner's feet to the ground and informed what is going on. The HOA also needs to understand that an owner can't overnight evict a tenant. It takes upwards to 30 - 45 days to evict even in a non-contested eviction. 20 - 30 day notice period. Add on a 2 week time line for the sheriff to get involved if the renter doesn't move out their stuff.

I had to evict a troublesome tenant. It took me 5 months and ended up putting the house up for sale to get them out. They did not pay me rent either.

Former HOA President
SharonW3 (North Carolina)
Posts: 30
Posted:
In Charlotte you must list your rental with the Police Dept. Enough calls to that address can give the landlord/owner grounds for eviction and police involvement, not to mention loss of property. Many of the rental owners in our townhome community live elsewhere. Keeping them in the loop on what's going on is problematic. As long as the rent is paid and the problem is not in their front yard, they can be blind. We send violation letters when we can, and with repeat violations, the owner is called to a hearing.

When trouble renters move they often are replaced with another "frequent flyer". Investors see the property in terms of $$$, not a place called home for others.
MarkM31 (Washington)
Posts: 494
Posted:
Quote:
Posted By SharonW3 on 02/17/2018 9:02 AM
In Charlotte you must list your rental with the Police Dept. Enough calls to that address can give the landlord/owner grounds for eviction and police involvement, not to mention loss of property

http://www.charlotteobserver.com/news/business/biz-columns-blogs/development/article88318857.html

Got a link to the law that allows the loss of property?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Mark,

per that article, dated 2016, the bill was sent to the governor but does not report if it was signed or not.

If it was not signed, the requirement would still be in the statute
If it was signed, the statute would likely say repealed for that section.
MarkM31 (Washington)
Posts: 494
Posted:
Quote:
On July 1, 2016, the North Carolina General Assembly passed Senate Bill 326. This bill eliminates the ability of municipalities to operate a rental dwelling registration program as of January 1, 2017. As of January 1, 2017 the City of Raleigh Rental Dwelling Registration program is dissolved.

https://www.raleighnc.gov/business/content/HousingNeighborhoods/Articles/RentalRegistration.html
MarkM31 (Washington)
Posts: 494
Posted:
https://www.ncleg.net/gascripts/BillLookUp/BillLookUp.pl?Session=2015&BillID=S326

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