giving a tenant notice

[Lisa Morin]

A mentally disabled tenant of mine plugged up his toilet, but continued to flush it, causing flooding and extensive damage to his apartment and the apartment below his. His caseworker found a place for him to stay for a night or two, but wants him to move back in immediately. We, however, need to tear up carpet and replace flooring as soon as possible. Are we required to give him a 30-day notice under these circumstances? Can we legally rent an apartment that has sustained this kind of water damage? It looks filthy- like a health hazard. What do you think?

 

[mary hartman]

What does your lease say..most will include an immediate termination notice for any willfull destruction of property If not then Give him an immediate 30 notice to vacate for violating the lease, by willfully damaging the apartment,

I dont care if he is retarded, he must be evicted.

OR take a chance, call the health dept. and buldings dept, and get the apartment declared, inhabitable, utill you repair it...tie that with a 30 day notice..and voila.....

Refuse to let him back in, and hand HIM and HIS socialworker an evcition notice...of course you must let him back in to move his stuff.

what state are you in??? I hope section 8 will pay for his damage.

[Edited by mary hartman on 03-29-2001 at 09:15 PM]

 

[LL]

Don't worry about the caseworker. Her interest is in getting you to take back the tenant as soon as possible, and she won't feel constrained by any right or wrong.

The tenant is responsible for the damage. Don't let the tenant back in, get a professional catastrophe company to clean up the mess, and bill the tenant. If the state or someone is involved in guaranteeing the tenant so that you would take him, go after them, too.

Don't worry about repercussions from welfare or discrimination against handicapped. Even the ADA law (Americans with Disabilities Acr) requires handicapped to take good care of the premises, or they can be evicted.