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Shannon, Home Seller in Antioch, TN

I have given a 30 day notice to one of my tenants. He tries to dominate my AC unit and tell me what to do in my own home...

Asked by Shannon, Antioch, TN Mon Apr 2, 2012

I am a live in landlord. I rent the rooms in my house. I have given a 30 day notice to one of my tenants. He tries to dominate my AC unit and tell me what to do in my own home. He has also said, that since he is an attorney I shouldn't bother him and that if I keep blowing things out of proportion I will make him do something we will both regret. Whatever that means. Anyway, Since he paid me March rent on the 28th of February he is trying to say I owe him money since he paid me early. This sounds insane to me but is there any validity to what he is saying? I issued the notice to him on the 16th of March

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It will help if you have a written lease as that clearly states the terms of the rental. If you gave him the 30 days notice on Mar 16th, then he can stay up to April 15th, if he pays the rent for April. The rent for March is applied to the 30 days of that month. If he does not want to pay rent for April and wants to move out on April 1st, it will be better to just let him go. He's a lawyer and knows that you'll have to go through the process of eviction, so you can get him out of your home. This is a lengthy process and you'll need to hire a lawyer to represent you, so it's not worth your time and trouble, if the two of you can not get along.
0 votes Thank Flag Link Thu May 24, 2012
Review your lease -- what does it say about terms. But honestly, if he is that much a pain, give him the money back (perhaps pro-rated for the time he stayed), let him move out, and be done with him.
0 votes Thank Flag Link Mon Apr 2, 2012
Than you carol. He lost his home. Had to sell in a short sale. And he also tried to question me about warrants of hability. I think having a portable ac unit in your room, a fan and central ac unit in more than complies with this.
0 votes Thank Flag Link Mon Apr 2, 2012
thnaks Don
He is a month to month rental. I allowed him to put a portable ac unit in his room (which trips the breaker) and and a fan and he still wants to run the central ac where it is uncomfortably cold. He says he needs it because he is fat. Anyway, I told him I couldn't accomadate his needs and that he would be better off somewhere else. I even found places I thought would suit him. That is when all hell broke loose. Oh well.
0 votes Thank Flag Link Mon Apr 2, 2012
The laws are different when you rent a room in a house that you also live in rather than if someone occupies a separate dwelling. Here is the link for the Handbook for Tenant Landlord Act in Virginia. Page 24 addresses this issue under Rules and Regulations. This is the link: http://www.dhcd.virginia.gov/HomelessnesstoHomeownership/PDF…
Read this document to become very familiar with what you can or cannot do or expect as a landlord.
What they state is to put in writing rules that apply to all tenants equally and give to all tenants. One thing that you will have to distinguish is this: Is he breaking any clear rules that are in writing, or, is he just a very unpleasant person?

In Virginia, everything that is enforceable must be in writing-and he knows that. Write up a page of rules that you expect all tenants to abide by, have each sign it, with your signature, as well. If he refuses, this will make your case stronger.

One more point, if he was a successful attorney, why is he renting a room and not owning his own home?
0 votes Thank Flag Link Mon Apr 2, 2012
Much of the answer depends on the lease you have with him.

I'm not a lawyer, so this isn't legal advice. For that, you need a lawyer.

For example, if he has a one-year lease that doesn't expire in April, then does "dominating the AC unit" constitute grounds for eviction? Maybe, but maybe not. (You'd probably have a difficult time justifying that.)

However, let's say either he's on a month-to-month arrangement, or that your lease does allow you to evict him for "dominating the AC." Then . . .

He's responsible for paying through the time he's there. If he paid you the March rent on February 28 (the date of payment really doesn't matter), he's paid through the end of March: March 31.

You issued the notice to him on March 16. That means he's to be out of there by April 16. If he complies, then he owes you payment for the first 16 days (slightly over half) of April.

You don't owe him any money because he paid you early. He could have paid for 3 months on January 1 and you wouldn't owe him any money. If you do owe him any money, it's for rent that he's pre-paid but that he won't be using. For example, if he paid the full month's rent on April 1 and--per your 30 day notice--will be moving out on April 16, then you would owe him the return of approximately half of April's rent.

He owes you for the time he's living in your property. You owe him for any rent that he's paid that covers time he's no longer living there.

Hope that helps.
0 votes Thank Flag Link Mon Apr 2, 2012
Don Tepper, Real Estate Pro in Fairfax, VA
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Thank you. He is a month to month rental. So I issued a thrity day notice and I am just waiting for the time to run out.
0 votes Thank Flag Link Mon Apr 2, 2012
You do not owe him money just because he paid you a bit early; it appears that he is using his status s an attorney to try to intimidate you. However, be completely sure that every step you take is legally correct. He will know if it isn't and will capitalize on it.
0 votes Thank Flag Link Mon Apr 2, 2012
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