I have a basement apartment in my house. I live in the rest of the house with my 4 year old. I was 'forced' to rent the basement apartment as part of a divorce settlement. The current tenant told me he is doing steroids (among other drugs, I believe), he has become increasingly loud, eratic and intimidating. His dog seems to be barking constantly when he is home as well.

I am scared of him. Over a month ago, I told him he needed to leave because my brother was moving in. He constantly screams for me to hear him that he isn't going anywhere, he calls it an illegal apartment. He also screams threatening things about me and my family for me to hear. He has people coming and going and claims he collects drug money for his cousin by intimidating and breaking legs. I was afraid to file a police report but I finally did it. My father has been in contact with him asking him to leave as well. My lawyer says we should send a letter listing the reasons, that we will not accept the next months rent and if he is not out by the first of the following month, we will put out his stuff and change the locks. Can we do that? What are the consequences?

Thank you.

-Scared me. --167.230.38.106

YIKES!

If you have a lawyer already it sounds to me like you've done what you need to do. --204.17.16.253

"I was 'forced' to rent the basement

apartment as part of a divorce settlement".

So, a condition of your divorce decree was to rent an "Illegal" apartment in the basement of your home ???? And did they indicate that you had to rent to - "this" tenant ??

Anyways, sounds like you need to elevate this - which you have, and get some evidence, tape recordings of this behavior, whatever is necessary to convince a judge to order this person out. What type of lease do you have ?? Is it written ?? You need to become educated on what the procedure is regarding evictions in your area - and it appears - rather quickly.

Welcome to the lovely world of landlording. Ain't it great ? --207.238.177.246

Let's get more details. --141.209.74.111

If you have a lawyer he should know how to do an evction. If not find one that does. You need a laywer that specializes in landlord/tenant issues. Get some of these threats on tape, if he made threats it is possible to get a restraining order. you dont mention if you are a man or a woman and it really doesnt matter except it might be easier to get a restraining order if you are a woman..

As others said, this sounds like it is right out of pacific heights. Go rent the movie. It might help give you some insite as to what not to do.. --65.209.61.114

I am a woman living in the house with a small child. I didn't see Pacific Heights - can you give me the highlights? If I see it now, I may end up in a psych ward! --167.230.38.106

1. You checked with the city and indeed it is illeagal, so you are no longer able to rent it to him. (and maybe this will keep him from calling the city.)

2. Tell him the moveout proceedure and explain that it is important that he leave the apt nice and clean because he is responsible for any mess and damage to the unit. This is to put it in his head in a non threatening way, that kicks the tar out of the place on the way out that you will sue. --24.127.69.170

Keep taping the noise. Like I said...I would NOT get a restraining order as YOU may have to move, not him. Self help is not welcomed in any court rooms. --141.209.74.111

Before I say yes....HOW? --167.230.38.106

FYI - My local ordinances allow up to two rent paying roomers or boarder per dwelling as long as the house is the owner's primary residence.

John

New Jersey --66.88.245.179

Please, do as advised and obtain a restraining order. In my state THAT just by itself will remove the jerk from your home untill the hearing.

If you have no signed agreement then consider NOT signing one now. Sounds like he is/was a guest that didnt leave when he should have. He has nothing to prove that he is actually renting form you then he must really be a guest. Tell that to the judge when you are getting the restraing order.

BTW, a audio-tape of his ranting and raving loudly throughout your home might prove usefull, especially any loud bragging confessions of crimes. Let him hang himself.

Once protection order is granted, go to local cop-shop and let them know he threatened violence. Cops will often serve him papers directly and escort him off the property.

( change locks-- yes)

LOL --128.147.100.87

I mentioned what some of you said to my lawyer as of yesterday (unfortunately, there was some good advise after that) to my lawyer.

I'm an anxious ball of nerves but here's what's cooking now:

The detectives were concerned that I didn't have enough for a restraining order. I'm taping what I can and my lawyer sent a STRONG letter without holding back on the 'drug issue', that his MM tenancy is up and if he's not out by the end of next month, we'll change the locks and put his stuff in storage. We're hoping he won't want trouble and leave. My lawyer tells me I'm risking a lawsuit but that his actions and the truth will win out if he even pursues one.

Either way, It's gonna heat up so I'm trying to keep house guests with me and the phone nearby. I would rather not be there at all but it is my home (and my son's) and I'm concerned about my property. Like I said, I'm a mess!

His current rants are about putting a locked mailbox and changing the locks on me. --167.230.38.106

I immediately went to the police station and filed a police report to have him arrested.

And they did arrest him within one hour.

However, you have a bigger problem with the drugs.

With every means neseccary I would get him out now and let the chips fall because now your and your child's life could be in danger and whats more important? --12.33.189.81