Contacted lawyer to evict tenants

[elmxl]

What is the name of your state (only U.S. law)? sc

Tenant (and girlfriend) did walk thru on Thursday prior to moving in on Friday. She was displaying signs of being a "B" according to my realtor.

I had words with the Tenant and basically said he's the one on the lease and she's just living there (she's named on the application only). It is my responsibility to ensure that he is happy, not her, etc. I will only deal with him.

Moving day comes... they call me to say that the hot water heater is broken. Ok, i call my plumber immediately and he goes out to assess. Igniter is bad, needs replacing.... spend the weekend pondering whether to fix or replace. We decide to replace and the appointment is set for first thing Monday.

In the meantime, a call comes in again.... the A/C is not cold enuf. ARGH! My HVAC person goes out and pumps freeon (Sp?) to confirm no leak.

Monday morning comes and plumber is in attic working on water heater. .. the HVAC person comes in now.. HVAC person confirms no leak and looks for problem. A control module / mechanical part failed.

The plumber (whom i spoke with this morning tells me that HVAC guy was very helpful in helping out with getting tank thru the attic hole and bringing down old one, he was friendly, good mood, etc.)

After assessing the HVAC problem and part needed, HVAC person says to tenant, he has to leave to get a part and needs to go on another call that was on books for a while. Girlfriend of tenant flipped out and said ... you aren't leaving, this is your job now to fix, i'm the owner (WHAT???????) i pay the bill (WHAT????) the HVAC person knew that I am the owner and there was so much craziness going on with this g.f. that he just left before it went to hell and he said you are the tenant, "b@#tch, and walked out. I have heard that in 20 years, the HVAC person has never had a confrontation with a customer.

Now, the plumbers have been watching this thru the hole the entire time and witnessed her going into the kitchen to get a sharp utencil to possibly use on the HVAC person as the HVAC person walked away and had gone thru the front door to his truck. HVAC person didn't witness her having the sharp utencil in hand, however, the plumber said he would give a statement that he saw her do this. What crazy intent went thru her mind.

I have called a lawyer and they asked for a copy of the lease... Apparently, there are versions of lease agreements, and it will show him how to proceed for an eviction. She is a crazy person and i don't want to put anyone in danger.

On Monday, when this all happened, she called me crying (not literally but whining like she was victimized). I had already heard the version from my plumber/HVAC representative.

I basically told her that she is to never ever tell anyone that she owns my house. And.... next time someone comes in to do work, she is to sit on the couch and keep her mouth quiet, not to look at them, speak to them, etc.
Not that she'll listen.

Anyone have any suggestions, advice, experience in this one... you can't make this stuff up!

 

[Gail in Georgia]

You have no grounds to evict your tenant based on this business.

It would be understandable that they might be upset after immediately moving in to find both the hot water heater AND the HVAC unit not working properly (and having to wait over the weekend to get the hot water heater replaced).

And calling the girlfriend a "bitch" (even if she is one) was unprofessional.

You can speak with the tenant and offer HIM the "happy clause" if they're not happy with the place.

Otherwise there is no LEGAL justification to evict the tenant who is the one on the lease. He played no role in any of this.

Gail

 

[adjusterjack]

Anyone have any suggestions, advice, experience in this one... you can't make this stuff up!

I know. I had 3 rental houses for 20 years and have all the war stories.

Then I sold them and never looked back.

My advice: If you don't want this kind of hassle from tenants, sell the place, cause bad things are going to happen many times in the future.

 

[elmxl]

You have no grounds to evict your tenant based on this business.

It would be understandable that they might be upset after immediately moving in to find both the hot water heater AND the HVAC unit not working properly (and having to wait over the weekend to get the hot water heater replaced).

And calling the girlfriend a "bitch" (even if she is one) was unprofessional.

You can speak with the tenant and offer HIM the "happy clause" if they're not happy with the place.

Otherwise there is no LEGAL justification to evict the tenant who is the one on the lease. He played no role in any of this.

Gail

What is the "happy clause", seriously.... never heard of it.

The lawyer advised me to write them a letter.. giving them notice that they were in violation of the lease causing a safety concern.
If anyone was not able to figure out what the sharp utensil was... she went to the kitchen for a knife. This is according to the witness.

The lawyer said that after getting the "warning" and they endanger a worker again or get hostile, etc. we have grounds for eviction.

 

[adjusterjack]

What is the "happy clause", seriously.... never heard of it.

It's the unwritten clause that landlords use on occasions.

What is the "happy clause", seriously.... never heard of it.

The lawyer advised me to write them a letter.. giving them notice that they were in violation of the lease causing a safety concern.

The lawyer said that after getting the "warning" and they endanger a worker again or get hostile, etc. we have grounds for eviction.

Might be scarier if the letter came from a lawyer.

(I figured the sharp utensil. You got a real loonie there.)

 

[elmxl]

It's the unwritten clause that landlords use on occasions.

Might be scarier if the letter came from a lawyer.

(I figured the sharp utensil. You got a real loonie there.)

I have the letter written out which is being reviewed tomorrow by the law firm. I am not quite ready to go to the lawyer.. $$$$ I just dropped lots of cash on a water heater.
The law firm is being copied so since they'll see that, they know that legal council is involved as I stated in the letter.

Side note: He (the actual tenant) really does seem like a nice guy. She's the lunatic. Feel sorry for him!

 

[elmxl]

You have no grounds to evict your tenant based on this business.

It would be understandable that they might be upset after immediately moving in to find both the hot water heater AND the HVAC unit not working properly (and having to wait over the weekend to get the hot water heater replaced).

And calling the girlfriend a "bitch" (even if she is one) was unprofessional.

You can speak with the tenant and offer HIM the "happy clause" if they're not happy with the place.

Otherwise there is no LEGAL justification to evict the tenant who is the one on the lease. He played no role in any of this.

Gail

The repairman actually felt bad that he said that but he also said that in 20 years he has never had his buttons pressed so hard that he flipped like that.. he made a run for the door before it escalated way beyond where it already wa.

 

[elmxl]

We sent the letter to the tenant, return receipt, certified mail, etc. No one was home, a note was left on the door that an authorized person was not at home. (could be standard wording).
I checked on the USPS website with the tracking # provided.

Question..... if the tenant does not pick up the letter or the agent (aka his girlfriend), how do we get it to him so that we know they have it.

I have receipts from the post office and the law firm was cc:'d on the letter and i emailed it to them.

We can't settle for "we never got it".

I am going to S.C. next month, we can always hand it to them!

 

[FarmerJ]

if the tenant refuses to sign for certified mail, it will be returned to you , DO NOT open it, leave it sealed and intact so if you had to bring it to court with you then the court can deliver it to the tenant for you. You are also free to send a copy via confirmed mail delivery say fedex as like a back up. In court if you have offered to the court proof of two methods of delivery there is no way the tenant is going to be able to claim they didn't get it with out looking like a liar.

 

[elmxl]

if the tenant refuses to sign for certified mail, it will be returned to you , DO NOT open it, leave it sealed and intact so if you had to bring it to court with you then the court can deliver it to the tenant for you. You are also free to send a copy via confirmed mail delivery say fedex as like a back up. In court if you have offered to the court proof of two methods of delivery there is no way the tenant is going to be able to claim they didn't get it with out looking like a liar.

I will wait till the weekend. He is in the service and might be out to sea, he has his agent (the girlfriend) that can go to the post office. We didn't specify that the addressee had to sign for it but rather anyone at that address can sign it.

We will also print a copy out and send my regular mail with a tracking number showing it was delivered and I can send it by fed ex. Cover myself with three different attempts to get this to him. My lawyer also has a cc.

Thank you very much!