Based on the movie, Pacific Heights, the landlords had very limited rights. Even though it was their building, they could not get rid of a tenant any way they wanted to. The tenant was not given proper permission to move into the apartment, but because he already took residence there, he was now the occupant of that apartment and only legal action could be taken to remove him.
As the owner, turning off utilities is illegal, because tenants, though illegally occupying the property, have a right to necessities to survive, like heat and water.
The landlord has to go through the routine of serving the tenant with notices of eviction, giving reasonable time to vacate. They can legally evict someone on the grounds of; non-payment of rent, disturbing other tenants, destroying property, or anything that does not coincide with the terms of the lease.
After they have been served and taken to court for eviction, if granted on the legal terms, the landlord would then have to take them back to court and sue for the balance of rent owed, damages to the property, or any other wrongs done while the tenant had occupancy of the apartment.
Rights for the landlord are tricky, such person has to still be hospitable as not to harass the tenant they are trying to evict.
It is important to check references and do a background check on any prospective tenants before granting them permission to take residence on your property. State specific requirements on the lease, as this will be a good form of legal document incase problems arise later.
Tenants can be a real hassle, but landlords have their part to play, both to cover themselves and to ensure that the tenant is comfortable within reason.
Wednesday, August 26, 2009
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