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  • Eviction notice?

    Hello all,
    I have a tenant I need to evict. First of all our lease states that no Hazzard materials are to be stored in the unit. He has a pool business and I just found out that includes bleach and acids. Also, our rules say you shall make no alterations to the space and we saw that he attached shelves to the walls. I have never evicted a tenant. Does anyone have a form you use for this or where I would find one? Of course, this all happened on one of the rare times when the owner was here. And I am the one who has to deal with taking care of it!

  • #2
    A throat punch from "Tony and the Boys" will get your point across quicker and less mess. Not only storing what is not supposed to be there but attaching shelves to your walls. I believe there is a collections process in the works for him after he is gone and new work needs done on the walls. From this point forward, document document document. Do you need a special form? I would not think so. Create one or wait for someone here to provide. I would think it would be best on a company letterhead and dated for when you observed the problems, referring back to lease for what they did wrong and about your ability to evict them and complete documentation of what you saw and when and when the have to get the hell out of Dodge!
    "Never let the inmates run the asylum!"

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    • #3
      Originally posted by pacnwstorage View Post
      A throat punch from "Tony and the Boys" will get your point across quicker and less mess. Not only storing what is not supposed to be there but attaching shelves to your walls. I believe there is a collections process in the works for him after he is gone and new work needs done on the walls. From this point forward, document document document. Do you need a special form? I would not think so. Create one or wait for someone here to provide. I would think it would be best on a company letterhead and dated for when you observed the problems, referring back to lease for what they did wrong and about your ability to evict them and complete documentation of what you saw and when and when the have to get the hell out of Dodge!
      Thank you for the information and the confirmation. Do you know if it needs to be a 30 day notice?

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      • #4
        Depends on your contract and if it specifically states a time in your lien laws.
        90% of what you're stressing about now won't even be relevant in a year. Breathe easy. ~Wesley Snipes

        WA State

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        • #5
          Know your lease and your state statutes by heart.
          "Never let the inmates run the asylum!"

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          • #6
            Is there anything in your lease about terminating the lease for non-compliance? If so, there's your out. You could then simply state the reason as "lease violation" or specifically state the reasons why. My lease states that I can terminate the lease at the end of the monthly period if the tenant is not in compliance with it. I do a 30 day termination notice even though my statutes state that a month-to-month non-residential lease can be given a 15 day notice to vacate.
            Too many freaks, not enough circuses.

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            • #7
              Originally posted by DairyGirl View Post
              Is there anything in your lease about terminating the lease for non-compliance? If so, there's your out. You could then simply state the reason as "lease violation" or specifically state the reasons why. My lease states that I can terminate the lease at the end of the monthly period if the tenant is not in compliance with it. I do a 30 day termination notice even though my statutes state that a month-to-month non-residential lease can be given a 15 day notice to vacate.
              What Dairy said should be the case, my lease has an immediate termination clause in it for violating terms such as those that you listed. I would send him a letter terminating his rental agreement and give him a certain number of days to vacate the unit.

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              • #8
                Originally posted by allsecure View Post

                Thank you for the information and the confirmation. Do you know if it needs to be a 30 day notice?
                Here's Notice - don't take the next month's payment and let him know that it is not going to happen. You have a 30 day lease that is renewable every month, correct? Let them know you are not going to renew and don't take payment.
                Tall Terri

                The customer's fantasy doesn't always match with reality!

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                • #9
                  Thank you all, it really helps to have validation. Every time something like this happens I worry. The owner is not very involved in the business so it all falls on me. I do everything here from hiring a maintenance /relief person to making the deposits & everything in between. I have to make all the decisions. They do not know anything about the day to day running of a storage facility. So you all are my sounding board. And yes I know my lease has a termination clause. "BREACH OF COVENANT: A breach of any of the covenants or conditions of this Agreement by the Tenant shall, at the option the Lessor, terminate this Agreement and at which time said Agreement shall become null and void." I was worried if I had to give him a notice so many days in advance. By the BREACH OF COVENANT, it sounds like I can immediately vacate him. I just panic that I am not interpreting the lease correctly. And yes I have read the whole Lease sooooooooo many times.
                  Last edited by allsecure; 13th March 2019, 01:25 PM.

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                  • #10
                    Originally posted by allsecure View Post
                    Thank you all, it really helps to have validation. Every time something like this happens I worry. The owner is not very involved in the business so it all falls on me. I do everything here from hiring a maintenance /relief person to making the deposits. And I have to make all the decisions. They do not know anything about the day to day running of a storage facility. So you all are my sounding board. And yes I know my lease has a termination clause. "BREACH OF COVENANT: A breach of any of the covenants or conditions of this Agreement by the Tenant shall, at the option the Lessor, terminate this Agreement and at which time said Agreement shall become null and void." I was worried if I had to give him a notice so many days in advance. By the BREACH OF COVENANT, it sounds like I can immediately vacate him. I just panic that I am not interpreting the lease correctly. And yes I have read the whole Lease sooooooooo many times.
                    Have you read and understand your state's statutes about this? The lease may say one thing and an updated statute, since lease was created, could be different.
                    "Never let the inmates run the asylum!"

                    Comment


                    • #11
                      I haven't had to formally evict someone yet. The few that I told to leave, I had sign a notice to vacate form right away. My form has the date they are leaving by and a blurb near the bottom stating that any property left after that date is considered abandoned and will be disposed of at our discretion for a $250.00 fee. The catch is, you need them to sign it.

                      My rental agreement states that I can limit access hours for different reasons, including failure to follow rules, customer safety, etc. I've only had it come up once where the customer didn't want to cooperate and sign the vacate form. I gave them the option of signing the form with the move-out date (1 week out) and retaining their access times for the week, or we would have to go through the eviction process, and since they violated multiple rules already, including trying to live in the unit, I would be forced to limit their gate access to only the hours that I was working. Since I work alone, they would not have access on my days off.

                      They went ahead and signed the vacate form and moved out a few days later. Either way, they are leaving. It's up to them if they want to make the process easy or difficult.
                      A lack of planning on your part does not constitute an emergency on mine.

                      Comment


                      • #12
                        Originally posted by Merman View Post
                        I haven't had to formally evict someone yet. The few that I told to leave, I had sign a notice to vacate form right away. My form has the date they are leaving by and a blurb near the bottom stating that any property left after that date is considered abandoned and will be disposed of at our discretion for a $250.00 fee. The catch is, you need them to sign it.

                        My rental agreement states that I can limit access hours for different reasons, including failure to follow rules, customer safety, etc. I've only had it come up once where the customer didn't want to cooperate and sign the vacate form. I gave them the option of signing the form with the move-out date (1 week out) and retaining their access times for the week, or we would have to go through the eviction process, and since they violated multiple rules already, including trying to live in the unit, I would be forced to limit their gate access to only the hours that I was working. Since I work alone, they would not have access on my days off.

                        They went ahead and signed the vacate form and moved out a few days later. Either way, they are leaving. It's up to them if they want to make the process easy or difficult.
                        That's the one review where they would say your tactics are "gestapo like". Snowflakes and entitlement people are quick to point blame and not accept responsibility. "No I won't sign that and accept my faults". No access! "Well since you put it that way". Never ever back down to those people.
                        "Never let the inmates run the asylum!"

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                        • #13
                          In the past I've locked units and taped a note to the door stating "See Manager Immediately!!"

                          When they did contact us they were told to vacate the unit NOW due to violations. They left

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                          • #14
                            Originally posted by pacnwstorage View Post

                            That's the one review where they would say your tactics are "gestapo like". Snowflakes and entitlement people are quick to point blame and not accept responsibility. "No I won't sign that and accept my faults". No access! "Well since you put it that way". Never ever back down to those people.
                            The one guy I had to give an ultimatum to actually did that. He was going to leave a bad review no matter what though. He wrote "a**hole" in very large letters at the bottom of his notice to vacate. He accused me of making rules ad-hoc I believe is how he put it. He can leave a bad review if he likes, I was just glad to have him gone.

                            After three weeks I had already had enough and decided to kick him out. You can't live in your storage unit, you can't hang out all day and use it as your personal office, you can't set up propane tank heaters in your storage unit, you can't use your ladder and put solar panels on my roof to charge your truck battery. Those are all things he did before I kicked him out. He also had pizza delivered to his unit twice and threw a bag of screws and several hand fulls of powdered drywall compound across the parking lot the night he left. I found out later the same day I kicked him out that he was the one that a few years prior with a different owner, had hit the manager with his truck after being told to pay his rent or get out.

                            After he left he sent a few threatening/harassing texts to my work phone, so I filed a police report online about him. Never got another text message after that.
                            A lack of planning on your part does not constitute an emergency on mine.

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