S
squeak_D
Guest
What is the name of your state? West Virginia
I served a notice of eviction to a tenat December of last year due to damages, and breech of lease. To date the tenant has not completely vacated my building. All of his personal property is still there. Here's the catch. The gentleman has a mental disability. However, he has guardianship over himself. Before renting to him I request documentation with a signature stating he is his own legal guardian, capable of making own decisions, and has the mental capacity to sign into a lease. Two weeks after renting to the guy he caused hundreds of dollars worth of damge to my building. After two weeks I later realized that they weren't honest about the mans mental stability. He turned out to be very aggressive and violent. So an eviction notice was served. This gentleman does not control his own finances and is not responsible for moving his own property. There is an agency that does all this. To play it safe, the day he signed the lease I asked the organization what good does his signature do me if he's not in charge of his own finances? I was able to get a Director to Co-sign his lease since she was the primary person in charge of getting him housing, making all arrangments for moving, ect. I recently had them served and have a court date for this Thursday. What should I be worried about? It was explained to me that even though he has a mentally disability that since he is his own legal guardian, and has the capacity to sign his own lease, that the same rules apply to him as they do to all of my tenants, and that I can evict him by the time set forth within my lease... Any thoughts on this one? Oh and a side note.. I had the woman who co-singed served because she is the one responsible for all of his moving arrangments, set up for rent payment, and so forth.. Since she signed the lease I can legally serve her as well. I felt this was the best thing to do since he has no control over his finances.. I also have elected not to remove his poperty because it wouldn't be fair to him since all of that is supposed to be taken care of by the agency.
Thanks,
Squeak
I served a notice of eviction to a tenat December of last year due to damages, and breech of lease. To date the tenant has not completely vacated my building. All of his personal property is still there. Here's the catch. The gentleman has a mental disability. However, he has guardianship over himself. Before renting to him I request documentation with a signature stating he is his own legal guardian, capable of making own decisions, and has the mental capacity to sign into a lease. Two weeks after renting to the guy he caused hundreds of dollars worth of damge to my building. After two weeks I later realized that they weren't honest about the mans mental stability. He turned out to be very aggressive and violent. So an eviction notice was served. This gentleman does not control his own finances and is not responsible for moving his own property. There is an agency that does all this. To play it safe, the day he signed the lease I asked the organization what good does his signature do me if he's not in charge of his own finances? I was able to get a Director to Co-sign his lease since she was the primary person in charge of getting him housing, making all arrangments for moving, ect. I recently had them served and have a court date for this Thursday. What should I be worried about? It was explained to me that even though he has a mentally disability that since he is his own legal guardian, and has the capacity to sign his own lease, that the same rules apply to him as they do to all of my tenants, and that I can evict him by the time set forth within my lease... Any thoughts on this one? Oh and a side note.. I had the woman who co-singed served because she is the one responsible for all of his moving arrangments, set up for rent payment, and so forth.. Since she signed the lease I can legally serve her as well. I felt this was the best thing to do since he has no control over his finances.. I also have elected not to remove his poperty because it wouldn't be fair to him since all of that is supposed to be taken care of by the agency.
Thanks,
Squeak