Questions from Landlords

Dear Sue,

I have been a landlord for several years. I have done a few evictions in the past and the process has been relatively simple.

I am facing an eviction now that I am not that sure about. The tenant (the only one on the rental agreement) has had different people living with her. A friend of mine, also an experienced landlord, said that these “occupants” may claim a right to possess the rental and that I need to include them in the eviction action.

Is this true?

Larry Landlord

Dear Larry

Yes, it is true. Before beginning your eviction process, I highly recommend that you seek the advice of a lawyer knowledgeable in landlord-tenant law.

If your eviction procedures are unlawful you, the landlord, can be charged up to $100 per day.

Unlawful procedures include locking out the legal tenant or occupants, the disruption of utilities such as water or electricity, the removal of outside windows or doors or taking any of the tenant’s belongings in an attempt to carry out the eviction.

If you are evicting your tenant due to unpaid rent, the court may award you, the landlord damages, court costs and possible attorney’s fees. If the court finds that the tenant was malicious in not giving up their rental unit they may award the landlord as much as $600 in penalties and it will be on the tenant’s credit report for up to seven years.

Dear Sue

I have a beautiful home that I am being forced to rent out for a couple of years due to a temporary job change.

My wife thinks I am being too restrictive by not allowing a young family with children who are in gymnastics and want to set up a trampoline in the backyard.

I feel that trampolines are dangerous and don’t want the liability. My wife thinks that they would make great tenants and that they are better than any applicant we have received so far. What do you think, Sue?

Nervous Neal

Dear Neal

I agree with you. However, since the family may also be such a good prospective tenant, you may want to consider managing the risk.

I would discuss this thought with your insurance agent. Perhaps asking your tenant to purchase, say, a $5,000,000 tenant liability policy, naming you as loss payee would be an idea to consider. Your agent could advise you on the value of the policy.

If anything happens due to use of the trampoline, there is a $5,000,000, or whatever the amount, protection off the bat.

Making the liability policy requirement a condition of the rental agreement will put the decision in the hands of the prospective tenant. It won’t get you in trouble with your wife and may be a matter of good home $$’s and sense.