Hello, I am about to evict a tenant who rents a small house from me. It's a messy situation. He used to work for me but claimed he was injured on the job. He was a contractor but had me audited by state gov't so that he could be considered an employee then the moment that was ruled in his favor, he filed a workers comp lawsuit, filed for unemployment and then filed another lawsuit claiming unpaid overtime and reimbursement for tools.

Anyway, I kept renting to him to not seem like retaliation by getting rid of him and save on remodeling expenses if he moved out. He recently complained to the city about the poor condition of the house he rents from me and the city noticed there wasn't a rental certificate on the house so they helpfully notified him that he doesn't have to pay rent until that is corrected. The tenant let the city inspect the house and they found 30 mostly minor rental code violations, many caused by tenant's own damage that I have to correct by the end of this month and can't collect rent until that's rectified.

This past week I tried every day to get workers in there to fix things and they were asked to leave. It culminated with me showing up with two police officers to get access for electricians. He screwed a sheet of plywood over the entire front door, waited in the yard for us and then said that my worker did that to the police which is crazy. Police said there wasn't anything they could do and started to leave. I had the police stand around long enough so that I could give the tenant a notice to move out in 3 days and will file for eviction the second I'm able to if he's not out.

Anyway, I list this out for background info and also as a warning of what can happen if you aren't careful like I was. I'm a little nervous I will mess up the eviction. I'm claiming not allowing access after 24 hours notice and a worker witnessing marijuana usage as my reasons to evict. The tenant will say about anything. I have all communication in text messages showing him denying entry and a written affidavit from a worker seeing marijuana usage. Any tips or other things I should keep in mind?

You are in over your head (and, sorry to say it, but brought a lot of this on yourself).

You need a lawyer -- NOW. You are not going to be able to do this one yourself. You absolutely need a GOOD lawyer that can work through this for you.

Then you need to get your ducks in a line for the future before you rent again.

- John...

cash for keys - not a small amount but an amount that will make him pay attention ... and that needs to be done through an attorney.

Also, just to mention it, "he used to work for me" is what a BOSS says about their past EMPLOYEE. Not what someone that hired a contractor tends to say.

When I hire a company or contractor to do work, I rarely tell people that they "work for me." I might say "I hired them to do some work for me" -- but I would say "so-and-so used to work for me" unless they were an employee.

So, I'm not that surprised that you got caught trying to make an employee pretend to be an independent contractor. Because you very likely treated them LIKE an employee, not a contractor.

- John...

UrbanFarmer,I'm a country boy myself, and I think you do really need a lawyer,even you have to pay a bit more than usual, get the best, this character can't be trusted as you've found out,when you've got rid of him,take pictures of every little bit of damage,even you have to specifically buy a camera to do it and sue him for everything that he ever brought up.make him sorry that he wad born. I'd also go s little bit further and sue whoever in the city suggested he could live there without paying, its none of their business. Charlie....... ...... ..... .... ... .. .

.....

Nicole, I'd never give him cash for keys,maybe a little bit of lead. Charlie....... ...... ..... .....

Just noticed I made a typo above that changed the meaning. I meant to say:

"but I would NOT say 'so-and-so used to work for me' unless they were an employee."

- John...

Thanks for all the responses. I have a workers comp attorney but will ask about an eviction one. I've won every eviction I've done but probably a good idea to get a wartime consigliere on this one.

The state didn't specify reasons why he was considered an employee other then their ruling. I appealed the ruling so it's ongoing. The guy had contractors that worked for him, set his own hours, had own tools, paid expenses without reimbursement. I thought I had a pretty good case. The investigators weren't fun to deal with. They would stake out my properties and then when they saw tenants or contractors they would question them if they worked for me, ask questions about me like what kind of car I drove. They didn't want me to appeal it, warning me of the fines, etc.

I probably could have nipped this all in the bud if I offered him the house he was at in exchange for signing things shortly after he was injured. He kind of jerked me around and disappeared only to reappear with knee problems saying it happened while he worked for me and asking me for work like nothing happened. Didn't feel very sympathetic frankly though I still gave him 2 months free rent, food, etc.

I did take pictures of the boarded up door. Police weren't much help. They wouldn't file a report for me to use and can't access the property without permission from tenant even without the rental certificate and my permission. I've been keeping the city inspector posted, I think he'll be lenient. If tenant doesn't move out 7/1 like he says, they'll probably give me an extension of a few weeks at least. If I don't have it complete by the extension then I have to appear in front of the housing board which is around $450 fine and plead for more time. If the tenant moves out then I have as much time as needed to bring it to code if it remains vacant.

Thanks Charlie for the suggestions, I will keep that in mind.

Learned a lot with the repairs, did you know that if your house is pre 1978 you have to have an approved lead paint renovator managing the project before you can touch up paint? New EPA rule nationwide in 2010. There are tip lines people can report you to and you can be fined.

@John, you're right, saying he worked for me does sound employee-like, noticed I used it again in my last email.

@Laura, Tenant specifically said in texts that he won't allow workers to enter, at least proving that will be easy. Marijuana usage proof will be harder.

Sounds good -- and good luck!

(And, yes, since you asked -- most of us here are aware of the EPA rules regarding lead paint. We've been discussing it here for years now. :)

- John...

I think you're dealing with a whole bunch of different issues here.

You may be better off getting the city to condem it, kick him out that way and start over.

Evicting him and dealing with the employee/workers comp stuff are 2 totally different issues.

It is painful to deal with all three parties at the same time.

Does the independent contractor agreement help?

Will check payable to business name help?

The advice for contacting an attorney was good. Talked to one today and he's researching everything. He said that eviction without having a rental certificate is much harder to do. Will know more tomorrow.

Talked to the rental inspector about my dilemma of having a house I can't repair because of a tenant not allowing access who will be difficult to evict. He said to wait until he moves out at the end of the month. Easy for him to say. He didn't volunteer to let the tenant stay with him for free.

NE's idea of condemnation is interesting. It would certainly get them out quickly. I asked the rental inspector about it. He basically said the house is in too good of shape for that.

@CJ, yes those things would help. Workers comp insurance would have helped me a lot, although buying that for a contractor is a factor that essentially says you consider them an employee in the eyes of the state government. Workers comp is completely separate from property insurance, my property insurance was irrelevant for any coverage. The claims person I talked to said a lot of claims start out as workers comp and if they don't win with that, they file a negligence claim to try to collect with property insurance.

marijuana...who cares. failure to grant entry? he has placed you in a position of not being able to comply with a lawful order to perform repairs. that is your cause of action.

eviction is NOT a self help matter. an experienced attorney will have seen this and far worse. get one and get ready to empty your wallet...you have a big steamy pile with more moving parts than we suspect

for fun, file wage and earnings reports with the IRS and the state revenuers. regardless of your failure to report and withhold...he also has a duty to report his earnings. when he squeals, tell him to be careful what he asks for. coins and two sides and all that

I talked to an attorney. He said my original 3 day notice is probably not valid because of how I served it. The law states that it must be served by personal service or posted on door, mailed certified and first class. I did the mailing part right but I handed one copy to him instead of posting on the door. He said the no access part would be a cinch to evict if there was a rental certificate but since there isn't, he wasn't sure if denying access would be enough. He said the marijuana part wouldn't hold up because tenant can just deny what my worker saw. Tenant would have to practically light up in front of a policeman in order for it to be a sure thing to evict on.

Attorney said that if we serve correct new 3 day notice, we'd be at trial at the end of the month when tenant has already said he will be moving out. Attorney basically says the only sure way to get him out, short of 4 gallons of gas and a match, is a 30 day notice. If I post a 30 day notice, tenant will think he has an extra month to live there I would think.

Not sure whether to file eviction in court and hope my original notice is good enough, serve a new correct 3 day notice and wait all over again and then hope that is good enough, do nothing and hope that he moves out when he says he will. Tenant says he rented another house and has a new lease starting 7/1. Part of me worries that if I try to evict him, it's not going to work and it will make him mad which he'll take out on the property. As repugnant as it seems, I could approach him and make a deal to leave him alone, he doesn't damage the house and I won't evict as long as he's out when he says he will be. Kind of a cash for keys without the cash or keys right away.

Wow, so awful to hear.

I now have in my rental agreement a clause that says no bartering or working off rent, because I had a guy loose a job declared to the neighbors that he's my new contractor demo part of my property and tell me he'll put it back together in exchange for 2-4 months free rent. And won't be taken advantage of. We'll I said hmm, no tent 3 days posted notice. And I'd rather spend my money on my expensive eviction lawyer knocked name the dragon breath because ge breaths fire in court that let anyone take advantage of me.

He did a little more damage on way out, but did leave in 3 days. Now it's the hunt for him to sue for damages.

Your story will make me consider how I hire day laborn or contractors in the future.

Wow, so awful to hear.

I now have in my rental agreement a clause that says no bartering or working off rent, because I had a guy loose a job declared to the neighbors that he's my new contractor demo part of my property and tell me he'll put it back together in exchange for 2-4 months free rent. And won't be taken advantage of. We'll I said hmm, no tent 3 days posted notice. And I'd rather spend my money on my expensive eviction lawyer knocked name the dragon breath because ge breaths fire in court that let anyone take advantage of me.

He did a little more damage on way out, but did leave in 3 days. Now it's the hunt for him to sue for damages.

Your story will make me consider how I hire day laborn or contractors in the future.

Wow, so awful to hear.

I now have in my rental agreement a clause that says no bartering or working off rent, because I had a guy loose a job declared to the neighbors that he's my new contractor demo part of my property and tell me he'll put it back together in exchange for 2-4 months free rent. And won't be taken advantage of. We'll I said hmm, no tent 3 days posted notice. And I'd rather spend my money on my expensive eviction lawyer knocked name the dragon breath because ge breaths fire in court that let anyone take advantage of me.

He did a little more damage on way out, but did leave in 3 days. Now it's the hunt for him to sue for damages.

Your story will make me consider how I hire day laborn or contractors in the future.