Landlord Question and Answer Forum

Mid-April 2011 we rented our condo with rent due 1st of each month. No payment was received by June 3rd when we left out of state on vacation. The lease gives tenant till the 5th before eviction can start. We are not able to reach the renter via his cell phone number any longer. He made payment the day after we returned on June 14. I then left a notice on the door the 15th that we longer accept late or partial rent payments along with a 24 hour written notice that I was going to inspect the rental property. I found a torn screen with broken window, the storm doors top hing torn away from the door moulding with door cylinder bent, 4 holes approximately 3" diameter inside the garage on the drywall, the large outside mounted screen was taken out of upstairs window sitting in bedroom with 3 rips in the screening, and (not so bad) pictures hanging on walls-- the lease specifies no tack, nails or screws in walls (etc). A month ago we had a serviceman find a beer bottle cap in the disposal after the tenant complained it was not working. This tenants record is not very good so far and we do not like the damages he has done. Can we (and how) evict him?

Start an eviction process on the tenant - the sooner you get this person out of your property the better! They have already done that much damage and aren't even paying on time (the lesser problem). Technically, the day the rent is late you can start an eviction notice - most leases have a clause stating that late fees will not accrue until the 3rd or 5th day after the payment is due - check to make sure that your lease says this instead of can't evict unless unpaid rent isn't received until the 5th day of due payment. Also, hopefully you have a clause about destruction and upkeep of the property -- that way you can start showing ways that they have broken the lease to get them out quicker.

Posted by Eric D, NH on Saturday, June 18, 2011