Is eviction within reason?

[donaldwallace]

Hello,

I have a (pregnant) tenant who signed a 1 year lease in my home (upstairs) in which I also reside (downstairs). During the tenant interview, she asked if she was allowed to have guests. My reply was yes provided the guest did not move in with her. If they were to move in with her, they would then be required to sign a lease along with her, to which she agreed.

Since then, her boyfriend has shown up and has stayed over far longer than any guest. After about a month of this activity, I asked her about her boyfriend and if he would be signing a lease and her reply was he would be moving (out of the country) after the baby was born.

Odd, but none of my business. Since then, and after the baby was born, they have had several arguments which have spilled out into the front hallway, woken my family up in the middle of the night and have just caused general discomfort all around. She has kicked him out on several occasions and has let him back in each time. During one of these arguments, my wife went upstairs to confront them and witnessed what looked like the boyfriend getting ready to strike her while she was holding the baby. The tenant, after hearing my wife knocking at the door, asked her boyfriend, in tears, to open the door and tell the landlord that he was about to hit her.

Later they both apologized but I see no end in sight with their situation and I was considering eviction. I do not believe this will be a problem with the (unemployeed) boyfriend since he is not on the lease but is this fair/legal for the tenant?

Donald

 

[billvicki]

is eviction within reason ?

as a landlord in ohio I know there is a law in the tenets lanlord act that says " all tenents have the rite to peacfull enjoyment of the property " and it is an evictable offence and also as far as being on the lease all you need to do is reside in a home for 30 days and you are basiclly under a verbal lease and have to be evicted to be removed.

 

[freebird]

Hello,

I have a (pregnant) tenant who signed a 1 year lease in my home (upstairs) in which I also reside (downstairs). During the tenant interview, she asked if she was allowed to have guests. My reply was yes provided the guest did not move in with her. If they were to move in with her, they would then be required to sign a lease along with her, to which she agreed.

Since then, her boyfriend has shown up and has stayed over far longer than any guest. After about a month of this activity, I asked her about her boyfriend and if he would be signing a lease and her reply was he would be moving (out of the country) after the baby was born.

Odd, but none of my business. Since then, and after the baby was born, they have had several arguments which have spilled out into the front hallway, woken my family up in the middle of the night and have just caused general discomfort all around. She has kicked him out on several occasions and has let him back in each time. During one of these arguments, my wife went upstairs to confront them and witnessed what looked like the boyfriend getting ready to strike her while she was holding the baby. The tenant, after hearing my wife knocking at the door, asked her boyfriend, in tears, to open the door and tell the landlord that he was about to hit her.

Later they both apologized but I see no end in sight with their situation and I was considering eviction. I do not believe this will be a problem with the (unemployeed) boyfriend since he is not on the lease but is this fair/legal for the tenant?

I'm sorry to hear about your situation. You should probably talk to her first and see what she say about not having the boyfriend stay any more, especially without him being on the lease. You wil probably do best by also making her understand that you cannot accept responsibility for him living like a tenant without being bound by the agreement. As he is also unemployed and has a history of creating disturbances, he would not make for an acceptable tenant either.

If this doesn't do anything then you may want to send her a letter (put it in writing in additon to a conversation) confirming that per your conversation she understands that her boyfriend's continued stay is a violation of her lease. You hope that it doesn't reach a need for eviction but you will begin proceedings if this continues for more than ten days from the date of the letter. Under the terms of her lease, she will also be responsible for reasoanble costs and attorneys fees. The formality usually makes people do things they normally wouldn't with a mere conversation.