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May 4, 2012

Charles asks…

Tenant to start receiving HUD need year lease I want to evict!?

my husband, my mother, and I bought an apartment building in Oct. 08′. We moved into the 2 available units. The others were rented when we purchased. The one family seemed to be very nice perfect tenants etc. Then one night the son played his guitar in the bedroom next to mine from 3 am to 7 am then from 10 am until that afternoon. I told the mother and it never happened again. Since this incident we have had trouble with them. First the mother has been moving ‘friends’ in. She has a 2 bedroom apartment. Moved in her fiance which we were ok with then she moved in her son (she has 2 children and her fiance andher use the dining room as a bdroom.) we were ok with the son even. then she moved in her daughters bf then he moved out and she moved in her friend and her friends fiance (the fiance is very shady. i truly believe he is an illegal immigrant. My husband is from germany we had to go through the whole visa/greencard process. the mexican and his fiance have no idea about the process yet they admitted he just recently came to this country) we have had noise and trouble. We built a firepit for us and the tenants to enjoy. Every time were at the pit having smores or hot dogs the tenants come out and just join us being more than happy to take whatever we have without our offering or their asking. It has become difficult for us (or the other tenants) to use the firepit because the kids of this tenant and their friends are constantly there. We are beginning to have drug problems with them. (they are smoking pot in the apartment it is going into mine and the other conjoining apartment. the fiance’s son asked my sister for a ride she gave it to him then he tried to sale pills for the mexican and his father. he ended up getting ripped off now it has been nothing but a hassle with them harrassing my sister for the money. the tenants fiance knows how to sneak into our basement which is rented out as storage. he continues to steal things from the basement. As I said it is a whole mess. This is only the matter of a few weeks! We have decided to definetly evict them. My question is: the tenant was recently accepted to receive HUD. They are to begin paying June 1st. HUD rules say you have to have a year lease with the tenant from the time they start paying. Is this really mandatory? our lease will terminate on the first at which time our new lease will have to go into effect. We were planning on giving them an eviction then. advice please. I need to get rid of these people!
I apologize I made an error. After she moved in the fiance she moved in her fiance’s son. so at that time there were 2 boys (15 and 18) one girl (15) and then the two adults in what they consider a 3 bedroom. I also need to get these people out because they are constantly having dogs they were allowed to have one weiner dog. Now their friends come stay and bring pets like crazy. This is an amazingly beautiful apartment and they will ruin it. The previous owner has now told us that these people are trouble. So basically he just let them there because he had decided to sale.
HUD did inspect the apartment and approve it with the 5 people listed on the lease (the one that will expire soon)
I am always very nice to these people. They speak to us like we are friends the problems did not start until they assumed our ‘friendship’. Under different circumstances I could see us being friends. As far as police, we have contacted them on numerous occasions. We live in a small country town with no police force, this means that the state police have jurisdiction. they will not respond because they say that it takes so long to get here (around 20 mins) that it probably won’t be going on when they get here then it’ll be a waste. nice huh?

Administrator answers:

HUD is not going to qualify that many people in a 2 bedroom. It does not matter how many bedrooms the tenant thinks there are, legally there are 2.

That aside, simply give them a 30 day notice 1 month before their present lease expires, you are not obligated to sign another lease.

It sounds like you can evict them now, based on exceeding the occupancy laws. A 2 bedroom can legally house 4 people over 12 months of age plus one under 12 months.

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