 Can I Ban A Person? (by Mike45 [NV]) Feb 12, 2009 2:59 PM
 Can I Ban A Person? (by Wallace CPM [VA]) Feb 12, 2009 3:07 PM
Can I Ban A Person? (by MrRational [MD]) Feb 12, 2009 3:07 PM
Can I Ban A Person? (by Opinionated [NC]) Feb 12, 2009 3:22 PM
Can I Ban A Person? (by James [MA]) Feb 12, 2009 5:40 PM
Can I Ban A Person? (by Virden [OH]) Feb 12, 2009 7:42 PM
Can I Ban A Person? (by Brad [IN]) Feb 12, 2009 7:49 PM
Can I Ban A Person? (by Mike45 [NV]) Feb 12, 2009 9:04 PM
Can I Ban A Person? (by Virden [OH]) Feb 13, 2009 7:02 AM
Can I Ban A Person? (by quillible mikey [IN]) Feb 13, 2009 7:36 PM
Can I Ban A Person? (by Karin [CA]) Feb 14, 2009 2:53 PM
Can I Ban A Person? (by Mike45 [NV]) Posted on: Feb 12, 2009 2:59 PM
Message:
State Specific Question About: NEVADA (NV)
If I add a clause to a lease saying "Tenant agrees that John Smith will not be allowed on the property at any time under any circumstances" -- will such a clause be enforcable?
I have a tenant whose brother is a gangbanger, and who damaged the tenant's house. I am billing the tenant for the repair costs, but I don't want this jerk around. I am going to amend the lease, by adding this clause banning him from the property.
I am adding this whether or not it is enforcable, and I will do a no-reaason termination on 30 day notice (or I'll raise the rent by $1,000/mo) if I ever see the gangbanger on the property again. The tenant is willing to sign that her brother will be banned.
--216.175.xx.xx |
Can I Ban A Person? (by Wallace CPM [VA]) Posted on: Feb 12, 2009 3:07 PM
Message:
Remove the tenant PERIOD. If there is damage AGAIN, you may well have your insurance cancelled BECAUSE you knew of the potential for the second damage event AND did nothing to remove the potential....be SAFE * terminate the tenant --64.12.xxx.xx |
Can I Ban A Person? (by MrRational [MD]) Posted on: Feb 12, 2009 3:07 PM
Message:
If you are this concerned and actually anticipate a problem developing... I'd push to terminate the lease altogether and go with a M2M instead.
Be clear with the tenant why and they will either cooperate or find some other place to live. --96.244.xx.xxx |
Can I Ban A Person? (by Opinionated [NC]) Posted on: Feb 12, 2009 3:22 PM
Message:
Explore the possibility of a legal restraining order against the thug. That would make presence on your property a contempt of court. --66.226.xx.xxx |
Can I Ban A Person? (by James [MA]) Posted on: Feb 12, 2009 5:40 PM
Message:
There is a procedure to have someone declared a trespasser such that police will arrest him if he steps onto the property. However, take the advice and get rid of the tenant. --70.19.xxx.xx |
Can I Ban A Person? (by Virden [OH]) Posted on: Feb 12, 2009 7:42 PM
Message:
Have the police been informed of this damage, that will be the second thing a judge will ask, because the tenant is gonna deny it being done while he was home. The restraining order needs to have an event to base the restraint on, unless the tenant asks for it I do not see grounds to award anything. You will need the tenants help and good luck with that, blood is always thicker than water. --99.147.xx.xx |
Can I Ban A Person? (by Brad [IN]) Posted on: Feb 12, 2009 7:49 PM
Message:
Aren't restraining orders usually given only in domestic and/or violence situations? And the kind of people who damage houses that badly don't care about restraing orders or complying with court orders. --66.228.xxx.xx |
Can I Ban A Person? (by Mike45 [NV]) Posted on: Feb 12, 2009 9:04 PM
Message:
Wallace, I'd like to terminate the tenant, but I can't, for reasons I won't go into.
Virden, even though "blood is thicker than water", this question arose because the tenant called my wife to report the damage and to ask for her help in getting the brother to stay away. The tenant says that she wants the brother to stay away, but it seems that she won't force him to stay away.
I'll see if she will apply for a restraining order against the gangbanger. We are certainly willing to help her get one, if she will sign the papers and show up in court as needed. But then, she won't call the cops if he does come around, I'm afraid.
If I have that clause banning the brother from the property, and he still comes around, the circumstances under which I cannot terminate the lease at this time might no longer apply, and I might be able to get rid of the tenant.
Thanks for the input!
--216.175.xx.xx |
Can I Ban A Person? (by Virden [OH]) Posted on: Feb 13, 2009 7:02 AM
Message:
Have the police meet you at the property to discuss the police report you will file based on the damages, ask the tenant if you may come in to speak with her a moment about this damage and follow along with the direction the police take, you would rather have them help you and if she does they will give the whistle and plenty of chances for a deep breath. --76.241.xxx.xx |
Can I Ban A Person? (by quillible mikey [IN]) Posted on: Feb 13, 2009 7:36 PM
Message:
The gang banger will just come and TRASH YOUR HOME. If you can't get rid of her then SELL the place. --205.188.xxx.xx |
Can I Ban A Person? (by Karin [CA]) Posted on: Feb 14, 2009 2:53 PM
Message:
Make sure you can use this clause as it could do more harm if you cannot legally.
I was told I cannot legally do this in California.
Hope you can do it in your state. Good Luck. --66.81.xx.xx |
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