I have a tenant who back in October had an apartment fire and out of common courtesy we allowed her to stay in another unit until repairs were finished in her original unit. Her unit has been ready now for about three weeks and she is refusing to move to her old unit; however, there is no lease contract signed for the temporary unit and she is still under lease contract in her original unit. Is there any legal action I can take to get her out? I have already filed eviction but that is going to take some time since she will either appeal or until I have to file a writ of possession and I just want her out by this point. This resident has been nothing but trouble ever since this incident. Please let me know what you guys think.
Responses (1)
Being an Apartment Manager myself in the past it will depend on the state, In calif. Where I was a manager similar thing happen, frankly California law dictates once moved the tenant has a right to stay there period end of story, they have a right to not live in an apartment that has had a fire if they FEEL unsafe(which they will prob say for the appeal) if it is the same size unit, if it is an upgraded unit ie from a 2 to a 3 bedroom, they still have a right to stay, but THEY MUST pay the upgraded unit price, or vice versa they have a right to pay the lower price if it is a downgraded unit, all bearing after the repairs are complete, during the repairs they have a right to pay only their rent from their own unit till it is done. They have a right to change their mind.
If they refuse to pay the amount of an upgraded unit you have a right to evict them period based upon non-payment of rent. So if they said they would pay, then draw up the paperwork for the higher or lower amount if they refuse to sign, then hand them the eviction paperwork, for non-payment of rent, and then you can always lock them out for refusing to vacate premesis and non-payment of rent.
Just for the non-payment of rent we had to take possesion for 30days, then afterwards to recoup our losses, we had to sell off all their stuff.
Personally here in AZ, we can get them out just cause we dont want them here anymore, 30day notice to not renew a lease, or as early enough time 2 3 4months etc before we wont renew a lease then... we dont need a reason here lucky for us. Usually we tell them we are renovating, and we are clearing out apartments to renovate and update is all... they can always come back but at the end of their lease it is up period.
Again it depends on the state where you are on what you can do, so it will vary. I am glad we have tenant/landlord laws but sometimes tenants tend to use the laws to their advantage to be jerks. Speaking from a tenant perspective now, it sickens me that other tenants do this just to be jerks it give all tenants bad names and it stops the good ones who are trying to live peacefully, being peaceful anymore. Again speaking from a tenant perspective... if the tenant are being just jerks and trouble, think of the neighbors not just you as a landlord, trust me, they want them out just as much as you do, get them out at all costs. Most tenants dont talk tot he landlord unless they need something repaired or to pay their rent...they are scared of you they dont want any trouble and they figure they will be in trouble for talking to you. Just get out the trouble makers period if they are causing you trouble... it is 100x upwards of 1000x worse than WHAT YOU EVER HAVE SEEN!
Just get them out at all costs period.