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COlord

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Posts: 2
Reply with quote  #1 

I signed a one-year lease starting November 2013 with my tenant. The building had some construction issue and HOA sued the construction company settled a deal. The construction company will start fixing all the problems in the year of 2014. The company will work during the day and work days not night or weekend. When I showed my property with the tenant, I might just simply mentioned the construction work. I did not know what the scale of the work would be. After the construction company started work on March 2014, one worker broke the water pipe and the main bathroom, closet, and laundry room was flooded. My tenant told me he works at home and the repair made lots of noise. Due to the noise and the water damage, repair for my unit, he lost substantial amount of income during March and April. I was considering gave the tenant big discount for rent, but he refused to pay any rent and used his security deposit as payment for May. My unit was finished repairing in May. I extend the lease with him after the one-year lease end, each extension was about 3 or 4 month and I did not increase any rent. But he never paid security deposit for extended lease even I asked for. This time the lease will be end at the end of August 2015. I informed him in July that I will increase my rent based on the similar rental property listed in craigslist nearby. Then he said the price I asked for is too much he can sign another 6-month lease with at the price in between the previous price and the new price. I agreed with him but insist on collecting security deposit. Then he became really rude, complained about something need to be fixed in my unit, mentioned I did not tell him about the construction work before sign the lease and threat to sue me for his loss. He already had a lawsuit with the construction company and had a settlement with the company. I do not want to rent my place to him and his wife anymore. He did not pay the rent for the last month. How can I do to get them move out? If I go to court with him, what is my chance to win the case and how much it will cost me? Thank you. 

dishrodger

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Posts: 314
Reply with quote  #2 
yes   see other posting you have
ahkenaten

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Posts: 156
Reply with quote  #3 
You can give him a pay rent or quit letter, followed by an eviction for non-payment if he doesn't leave. The chances of you winning the case depend on his ability to prove damages, as well as your ability to show that the construction was not done carelessly (i.e.: work being done at odd hours, workers interrupting the tenant's normal services). Whoever has the proof wins this case.

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