Renter who won't "vacate"

Started by FrancescaM • 4 replies • 1272 views

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FrancescaM (Washington)
Posts: 264

Posted:

We have had an on going issue with a renter who more or less moved in two floors below me. Within days I was forced to call the police about loud party music going on at 1am on a Monday night. Please be assured, I spoke to the renter, left notes signed by me and nothing has been remedied. Next thing the young man renter movesin a roomate with a small boxer puppy who of course whines, barks and carries on while his owner is gone. I also have had issues with parking as the young man's suv staddles the line between his and my suv..taking away about a foot of parking on my end. It's been addreseed, spoken too and we had a "hearing" to speak to the owner. The owner or landlord seemed to wish to remedy this situation.... she listened and openly stated she did not approve a roomate let alone a dog in her unit especially a boxer! That was fine and dandy.

It was tw weeks of wel behaved tenants. I was advised the roomate has been "evicted" by the renter and that all would be ok... since that email there has been 3 incidents of barking dogs, music and parking has returned to "straddling the line between our cars again, making it impossible to even enter my passanger side of the car. ( not to mention the owner of that car has been seen staggering home after a night out on the town.. barely able to walk straight.. it's a sad sad sight.. I know the board has nothing to do with this.. but I am worried this drunkard is driving into my car, the wall someone in the garage.. it was a sad sight )

I know this sounds like a rant, but with what was outlined above.. the board which I serve on was left to now fine the landlord $100 for essentially having troubled renters who have disturbed many owners' peaceful living. I don't know if this is common practice amongst hoa's but the landlord will continue to be fined until a resolution is made...

GlenL (Ohio)
Posts: 5,491

Posted:

Francesca this all you can do; as the owner is responsible for their tenant. Except when the person is violating the law, in which case the police should be called to let them deal with it. Is there a towing policy in place in your HOA? If so and this person violates it, have the car towed, a few times of paying for towing fees and storage charges is almost guaranteed to improve their ability to park between the lines.

Thankfully in OH COA's the BOD can bypass the owner and can initiate eviction proceedings at a cost to the owner if the tenant is doing anything which might get them evicted:

5311.19
(B)(1) Except as otherwise provided in the declaration or the bylaws, a unit owners association may initiate eviction proceedings, pursuant to Chapters 5321. and 1923. of the Revised Code, to evict a tenant for a violation of division (A) of this section. The action shall be brought by the unit owners association, as the unit owner’s agent, in the name of the unit owner.

(2) In addition to any procedures required by Chapters 5321. and 1923. of the Revised Code, the unit owners association shall give the unit owner at least ten days written notice of the intended eviction action.

(3) The costs of any eviction action brought pursuant to division (B)(1) of this section, including reasonable attorney’s fees, shall be charged to the unit owner and shall be the subject of a special assessment against the offending unit and made a lien against that unit.

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SusanW1 (Michigan)
Posts: 5,202

Posted:

I am assuming that this guy has a legal lease. In our area, it takes a long time to evict someone. They have to get a Notice to Quit (announcing the eviction) then an Eviction Notice (announcing the court date) then the court date, then another 30 days to clear out if the judge does, in effect, uphold the eviction. All this can take up to 60 days.

MaryA1 (Arizona)
Posts: 7,043

Posted:

The AZ city where I live has passed an ordinance which bypasses the landlord/tenant law regarding evictions. Immediate eviction can occur if criminal acts, including drug-dealing, occurs in the unit -- IF it's included in the rental agreement.

FrancescaM (Washington)
Posts: 264

Posted:

Mary I like the law there. It's almost a necessity in certain parts of our country for sure.

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