Question: We had to evict a real troublemaker recently, but he keeps coming back to the property to use the swimming pool and hot tub. He is not anyone’s guest, and some of the residents are frightened of him. What should I do?
Answer: Calling the police for a criminal trespass and disturbance of the peace is the first recommended action.
Ted Kimball
Kimball, Tirey & St. John LLP
Question: I have a suspicion that one of our tenants falsified his application by giving me a different name and Social Security number than his own. If I can prove this, what are my rights? I have a six-month lease and he just moved in.
Answer: If you could prove the falsification, and you would not have rented to him had you known the true set of facts, the lease would be deemed based upon fraud and set aside. You could bring a successful unlawful detainer (eviction) lawsuit to regain possession of the premises.
Question: My evicted tenant left the property voluntarily three days before the sheriff was scheduled to do the lock-out. Is it wise to keep the appointment or should I just cancel?
Answer: In some cases, it only appears that the tenant has vacated voluntarily. A wrong guess could lead to problems. Many property managers elect to meet the sheriff for the official lock-out. Some property managers decide on a case-by-case basis whether or not to take possession prior to the sheriff’s arrival.