OT: Tenant harassing landlord for telling neighboring tenant to move out

[yoshirider]

I need some advice for landlord (L) who are dealing with this difficult scenario. I'll try to make this as clear as possible.

* L wants to tear apart old 1930's 1 story unit (A) that is ATTACHED to newer 2 story unit (B) on the property and build a new 2 story unit in it's place so L can live there instead
* L give A a notice to vacate premises as the lease has ended
* B (50's year old male) is enraged that A has to move
* B confronts L (4'10" 60's year old female) and forces her to sit in a chair and points his finger at her face while harassing her and calling her "greedy" and "bad woman" and some other things
* B threatens to report L to IRS even though he has no case since L has reported all rent to IRS already
* Unsure of what other threats B made, but he wants $5200 in cash and to decrease his rent by 50% to make up for construction noises
* L wants to evict B

http://files.hawaii.gov/dcca/ocp/landlord_tenant/landlord-tenant-handbook.pdf
On page 11 of the Hawaii Landlord Tenant handbook, it says something about landlord being able to recover premises in certain scenarios. One of them is:

C. The landlord wishes to substantially alter, remodel, or demolish the premises

Can they use this to evict B?

[csm]

If I was "L" I'd contact the police about the forced sitting, harassment and presumably threatening manner in which "B" acted. I'd also engage a local attorney to begin eviction proceedings.


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[nicrump]

If I was "L" I'd contact the police about the forced sitting, harassment and presumably threatening manner in which "B" acted. I'd also engage a local attorney to begin eviction proceedings.


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absoeffinlutly get it on record.

[tiretrax]

If I was "L" I'd contact the police about the forced sitting, harassment and presumably threatening manner in which "B" acted. I'd also engage a local attorney to begin eviction proceedings.


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False imprisonment and extortion? If I was the landlord, I'd press criminal charges, file suit for civil damages including mental distress, and evict the tenants. As far as evicting the tenant - that would probably require that some part of the lease was violated. I would offer to let the tenant break the lease and move.


I used to own some residential lease properties. I had the opposite problem - a tenant that paid rent that made sure the rent check arrived prior to the 1st of the month in which it was due and then was overly demanding of every little complaint she had (and there were many!). I only own commercial properties now - it's a lot easier to evict, and it's just business.

[yoshirider]

I told L to call the police next time it happens. If it happened a week ago, can L still go to the police about the verbal abuse and threatening behavior?

They really just want B out of there. I'm not sure if they already hired an attorney, but can something like this be expensive? Just trying to watch out for them.

[93legendti]

All leases have termination date. When is lease over? When it is almost over I would send notice of termination with proper notice...I just did that with a tenant who refused to sign new lease and wanted to be on a month to month basis...when I got tired of his crying wolf trying to get rent breaks, I sent him a 30 day notice...all of a sudden he wants to stay...:rolleyes:



All sorts of guides online for tenants and landlords. Laws vary by state.

She might be well served by contacting a lawyer...DIY can be penny wise and pound foolish with a bad tenant,,,

[vqdriver]

i'm a landlord so i have some experience in situations like this. tho never quite so dramatic....

time is the key here.

make the police report.
get a lawyer.

a proper attorney in these cases is essential. there is a cost associated with legal counsel, but evictions are generally fast moving in comparison to other courts and the savings is in the time and anxiety. but in order to get an eviction proceedings started, L has to provide a legal reason to do so. a police report and any witness corroboration is it.

here in LA, the clock doesn't start until eviction papers are first served. if anyone screws up along the way, the clock starts over.

[vqdriver]

I only own commercial properties now - it's a lot easier to evict, and it's just business.

yes yes yes

so much less headache. the law very much protects one's home. a good thing in principle until you run across those tenants who exploit every letter of the law.

[yoshirider]

Thanks for helpful comments. I talked to L and they want to hire a property manager to deal with B, but I'm not sure if that will solve their problems. I recommended that they consult with an attorney instead. The lease is for 2 years and it just started! They might wait it out instead of trying to kick B out. But what if B tries to continue to live there after the 2 years by threatening them again? This guy is bad news. I hope karma kicks his butt.

[93legendti]

I dealt with 2 property managers. One was a bigger thief than the other. Real estate is no place to be an absentee owner. This is a legal issue. Hire an attorney.