Worried that my tenant's live-in may not leave when my tenant does.

[lost_ring]

What is the name of your state? Connecticut

Well, I must say, it's very discouraging to type a long thread to be told I'm not logged in when I hit the Post button.

I'll keep it short and sweet this time. Or maybe short and bitter.

I live in my three family house and my downstairs tenant is moving out at the end of the month. In fact, it appears that she has pretty much completed her move and is living in her new place. She returns almost daily to grab a couple things she had left behind. I'm worried that her free-loading live-in who is still comfortably lodged in the apartment may not feel the motivation to leave right away.

If he isn't gone on the first of next month, I would like to turn off the electricity, water and heat in the apartment. I'm wondering if this is legal. I would like to go so far as to remove the door to the apartment, to further enforce the message that the apartment is no longer for rent or available for anyone to live in.

Then again, maybe he will move out on time. Any thoughts?

*nervously clicking Submit*

 

[treese]

If he isn't gone on the first of next month, I would like to turn off the electricity, water and heat in the apartment. I'm wondering if this is legal. I would like to go so far as to remove the door to the apartment, to further enforce the message that the apartment is no longer for rent or available for anyone to live in.

It is illegal to do any of the above and will bring you more trouble than you could ever expect. He is a tenant now.

Hope that he moves.

However, if he doesn't you will have to evict him as per CT's Landlord/Tenant Act.

You need to treat him as a month to month tenant. You can serve him with a 30 day notice to terminate tenancy/vacate on or before March 31st.

I hope that he moves, but if not here are the links that you need:

http://www.cga.ct.gov/2005/pub/Title47a.htm

http://www.jud.state.ct.us/Publications/landlordguide.pdf

 

[lost_ring]

I found an interesting legal site with a question posted similar to mine and they said that the freeloader is considered a trespasser and can be locked out, technically. However, if there is any chance that he can claim that I accepted him as a tenant, I could have problems. But they suggest calling the police to have him removed, as opposed to trying to lock or freeze him out.

 

[Ellerge]

Freeloader

Tell the tenant that is moving out that if the freeloader does not move that you will SUE AND EVICT the tenant on the Lease and that the eviction will be on his credit record for the next 10 years plus you will go after his job and employment (see State laws) for the unpaid rent, plus 15% interest, so his best bet is to make sure that the freeloader also moves!

 

[JETX]

If he isn't gone on the first of next month, I would like to turn off the electricity, water and heat in the apartment. I'm wondering if this is legal.

No, it is NOT legal and doing so could lead your tenant to sue you.

I would like to go so far as to remove the door to the apartment

Also illegal.

Any thoughts?

Yep. Are you the landlord on this property?? If so, why are you in the landlord 'business' when you clearly have NO education or knowledge as to your own states landlord-tenant law??

Oh, and ignore the post by 'Ellerge' as it is NOT correct.

 

[Who's Liable?]

Tell the tenant that is moving out that if the freeloader does not move that you will SUE AND EVICT the tenant on the Lease and that the eviction will be on his credit record for the next 10 years plus you will go after his job and employment (see State laws) for the unpaid rent, plus 15% interest, so his best bet is to make sure that the freeloader also moves!

What?

Where are you getting this from?

 

[lost_ring]

You are quite the pompous arrogant one, aren't you Jetx.

As for the rest of you, I appreciate the advice from all who offered it. I don't consider myself to be in the landlord "business", I just found it a cost efective way to own my first house. I thought that one way to educate myself (since I have NO education or knowledge) was to visit some legal forums. But who needs advice delivered with such reproach?

Thanks again to the kind and helpful ones.

 

[JETX]

You are quite the pompous arrogant one, aren't you Jetx.

If you mean confident in my ability and not afraid to 'make a stand', yep. And proud of it!!

I don't consider myself to be in the landlord "business", I just found it a cost efective way to own my first house.

As is with most things in your life, it doesn't really matter how you spin it.... when you made the decision to rent out part or all of your property to others, you ARE in the 'landlord business'.

I thought that one way to educate myself (since I have NO education or knowledge) was to visit some legal forums. But who needs advice delivered with such reproach?

Clearly, you need all the education, advice and knowledge you can get.

Thanks again to the kind and helpful ones.

You're welcome.

 

[HomeGuru]

JETX rocks and rules.
Pompous, arrogant and intelligent.

 

[lost_ring]

Actually, I didn't mean confident and unafraid, I'm quite sure I meant pompous and arrogant. What are you making a stand against anyway? Common civility?

You're suggesting that through clever spinning of the story, I'm purporting to be a first-time homeowner trying to offset bills when the real story is I'm in the big-time landlord business? What a clever spin doctor I am.

As for your insults, no comment.

My question is, what's with all the quoting? I mean, you posted right after me, is it necessary to quote what I said when it's already right there? Does what you have to say only sound good when it's typed out as a come-back? I would argue that it sounds rather pathetic in any context.

Please take my questions above as rhetorical. I don't believe I'm interested in your responses and I probably won't return to read them you sad forum lurker.

Rock on Jetx. (insert mundane emoticon here)

 

[south]

Re-Quoting

is so you understand which/each/part section of your post that is being answered

 

[Ellerge]

Re: JET x comment

JETx said "Oh, and ignore the post by 'Ellerge' as it is NOT correct." The advice to TELL the tenant something is correct! JETx did NOT give the poster any advice, just deriding him for not being aware of the State LL/Tenant laws and NOT being a good Landlord. Whether the ten years on the tenants credit report and the 15% interest is legal (probably not) is a matter of State law. I did not say it was legal! My advice was a way to get the freeloader out. JETx, you are a frequent poster on this site BUT if you cannot give advice and just hit some poster over the head with a big stick because he is a beginner in the LL business and does not know LL/Tenant Law as you do - then throw your computer out the window. Everyone, including you, JETx, was a beginner at one time.
To the OP, be affirmative with the Tenant but make it his responsibility to get his friend (freeloader) out ot the house. Tell him that you, as a rich Landlord, have $5000.00 to take him to Court - does he have $5000.00 to defend himself or take you to Court? Be tough. Do NOT say or write anything that you do not want repeated in Court. BUT, when the paying tenant moves out and gives you the keys, YOU THOUGHT THE FREELOADER HAD ALSO MOVED OUT - THAT IS WHY YOU CHANGED THE LOCKS! (JETx, and others, will tell you that it is illegal to change locks on a tenant, and it is). BUT, the freeloader did NOT come to you and request a key! Also, tell the paying Tenant that after he moves out, that if you catch anyone in your apartment, that you will SHOOT them. (call the cops).

 

[ENASNI]

Oh Lost...

If you do not follow The correct way of evicting this tenant, as the Landlord that you happen to be... you will find your lost little butt in court... and find out what the business of being a landlord is the hard way..


JETX is a lawyer.. not a lurker... So you got Legal advice


the other "helpful ones" are not... follow their advice... and loose lotsa money.

Treese is a landlord I believe and if you follow the advice given there... you as doing the right thing.... as the landlord you are.

Get it? Got it? GOOD!

 

[JETX]

You're suggesting that through clever spinning of the story, I'm purporting to be a first-time homeowner trying to offset bills when the real story is I'm in the big-time landlord business? What a clever spin doctor I am.

Wow, you really are stupid, aren't you??
I never said anything to even suggest what you state. Only that you ARE a landlord, which is clear. And that, as a landlord, you are too lazy or ignorant to read and understand your legal obligations as such. It doesn't matter how many or few 'propertys' you have... you ARE a landlord.

I mean, you posted right after me, is it necessary to quote what I said when it's already right there?

Yep.... for the clarity of others. I don't know if there is going to be an intermediate post or not... and my responses are made directly to each of your comments. Much easier for others to follow.... however, it might just be confusing to your feeble mind.

Oh, and while we are on the subject.... where in ANY of my post on this thread was I not correct?? Of course, the answer is.... each and every one of my posts is correct, huh??

 

[JETX]

JETx said "Oh, and ignore the post by 'Ellerge' as it is NOT correct." The advice to TELL the tenant something is correct!

You're an idiot!!! So, let me break your sophomoric incorrect post down for you.

You said:
"Tell the tenant that is moving out"
First error!! It makes NO difference what the landlord TELLS a tenant. The only official notice to a tenant is WRITTEN!!

"that if the freeloader does not move that you will SUE AND EVICT the tenant on the Lease"
Second error!! Once the 'lawful' tenant is out of the premises, they are no longer responsible for any 'remaining' tenants.

and that the eviction will be on his credit record for the next 10 years

Third error!! Evictions are not generally reported to the CRA (Credit Reporting Agency's) and must be reported by the landlord... if the landlord is a subscriber of the CRA or a member of a landlord association. Clearly, this writer is not.
Fourth error!! Even if the landlord does report to a CRA, the FCRA (Fair Credit Reporting Act) restricts the notice for only 7 years, not 10 as you claim.

plus you will go after his job and employment for the unpaid rent

Fifth error!! Even if the landlord were to get a judgment against the tenant for damages (not eviction!!), the judgment creditor CANNOT "go after his job and employment". I think you are confused about wage garnishment... which is completely different.

plus 15% interest

Sixth Error!! The maximum statutory interest rate for a judgment in Connecticut is 10%.

Gee, that means that NOTHING in your post was correct, huh??

JETx did NOT give the poster any advice, just deriding him for not being aware of the State LL/Tenant laws and NOT being a good Landlord.

I suggest you re-read the thread. You will see that the advice I offered was correct.... including to ignore your incorrect one.