We just went over and checked out the overnight mold unit and there is not one speck of mold in the apartment at all. The guy was tweaking and he was barefoot and he had all of his belongings out in the snow running around barefoot like a crazy circus clown. He was poking at dots on the tile on the floor and scuff marks on the walls claiming that it was all mold and there's not one bit of mold in his apartment.

How do I get rid of him without it looking like retaliation? He had people over there convinced that it was mold.

I told the folks that were with him off to the side that I wasn't seeing any mold in the unit.

He was wiping dust off the window sill saying it was mold.

" How do I get rid of him without it looking like retaliation? "

You can't.

Wait until the required time period is over, and then turn him out.

Check your state law.

In most states, retaliatory eviction gives tenant a period of some months after exercising his rights (such as making a complaint about habitability) during which he cannot be evicted, except for nonpayment of rent. In CA (and, I think, URLTA) specifies 180 days.

Call the police and see if they will do a 24 hour hold on him? Running around in the snow barefoot and throwing his stuff in the yard sounds nuts to me.

It is retaliation. Check your state law.

In most states, there is a presumption that, if the tenant exercises his rights, and then landlord attempts to cause tenant to leave, the presumption is that it is landlord retaliation. To overcome that presumption is very difficult. A lease clause about substance abuse won't be a good reason.

Get a Licensed Contractor to do a Condition Report,

Room by Room, inside and out, up and down.

This Condition Report, Includes and is Not Limited to,

Mold. List anything and everything found. (with pictures)

Get in there and take care of everything, on the list.

If its Tenant related, (Life Style Issues)

charge accordingly.

At the Same Time, tell'em if they aint happy

they can leave. ( watch for the Head Tilt)

Give proper notice for a MTM,

and serve it, ASAP.

to the best of my knowledge, Pennsylvania doesn't have any "retaliation statutes". Perhaps common sense should govern. I wouldn't think this is a case of retaliation, with or without statutes. If he reported you to some governmental authority, that might qualify. Complaining about the unit itself to the landlord shouldn't trigger anything.

For an example of how he was acting, you can watch "worst tweaker meth head at Walmart"

It is exactly how he was. He had stuff scattered all over the yard. He was running his finger inside of closets and down baseboards. Across the dust on his window frames. It was really weird. He sipped his coffee and said "oh now, my coffee has it all over it."

I exited as quickly as I could once I knew he was high and said I would be in touch. I'll wait to hear from him when he sobers up and handle it from there.

At this point, I have ZERO concern for mold.

My concern is orchestrating his exit.

Calendar month written notice or whatever your area requires, no reason need be given since he is M2M. Month 2 month means either party can give the proper notice and be done. Yes, you will have him another 6 weeks, unless he chooses to leave otherwise. I might tell him that I will prorate his rent as soon as he is gone if he leaves earlier as an incentive to go earlier.

" it's not retaliation if you go thru the police "

What will the police do? Put him out of the rental housing? (No) If he has already recovered, then the police cannot testify that they observed him manufacturing illegal substances. If he tells the police that he complained to the landlord, and the landlord is the one complaining to the police, how do you think that the police will approach the problem? How do you suppose that the DA will deal with the police report? They all know about retaliatory eviction.

What does retaliatory eviction have to do with the present administration?

" 30 day notice to vacate " Thats fine, if he actually vacates voluntarily. But you can't evict.

Pennsylvania doesn't have any "retaliation statutes"."

68 Pa. Cons. Stat. Ann. §§ 250.205, 399.11

" run ing around barefoot without snow at this time of year would be suspect ". What do you expect the police do do about "suspect"?

"

" Get a Licensed Contractor to do a Condition Report ... including mold ". The report might show that there is no mold, but it doesn't prevent retaliatory eviction defense to an attempt to evict him, even with notice.

" Month 2 month means either party can give the proper notice and be done. " No it doesn't. There is more to the story. Ask an attorney.

" Moshe is used to dealing with ... ". Anyone can consult an attorney. There are plenty of housing rights advocate offices that will be glad to give him advice over the telephone, including address of legal aid, even though such help may not be necessary. The judge knows all about retaliatory eviction, and will apply it by himself.

1. " By your support of this administration, you lose any and all credibility in your holier than thou routine "

What does one have to do with the other? And, what do you know about my support?

2. a) I can imagine what kind of lawyer you will get for $200-$300 per hour.

b) Even for that money (or more) what makes you think that a lawyer can get the guy out? Perhaps if you paid the tenant what you would pay the lawyer, you might have better results.

3. How do you know that he is a junkie? And, what do you know about your other tenants, in that regard?

You've posted more than I need to know about your support of this administration.

...Pennsylvania doesn't have any "retaliation statutes"."

68 Pa. Cons. Stat. Ann. §§ 250.205, 399.11...

I don't see what Moshe's political views have to do with this subject.

While his behavior may be a little bizarre it sounds to me like he was simply stoned. PA has legalized medical marijuana and decriminalized it for recreational use so the police will not help you.

Whether you agree with Moshe's political views or not, his point on retaliation is correct.

" It is illegal for a landlord to retaliate against a tenant in PA who has exercised a legal right, including: complaining to a government agency, such as a building or health inspector, ... terminating a tenancy; filing an eviction lawsuit; increasing the rent or decreasing services, such as locking the laundry room."

I suggest you correct the problem and wait a few months before giving notice.

Did the tenant report mold to a government agency, or did he just call the landlord?

Calling the landlord for repairs does not protect the tenant from being asked to leave, otherwise none of us could ever give notice to vacate. None of my houses ever go longer than 6 months without some sort of minor repair or false repair call.

The proper course of action when any person is acting bizarre or making suicidal statements ("I am going to kill myself" or even "I can't take it anymore") is to call 911 and report the situation. Many communities have psychiatric emergency response systems that will respond in conjunction with the police. It is not up to you diagnosis the person, determine if he is high (although you can share your suspicions with the police) or determine if the person is a danger to themselves or others. The county will have trained, designated professionals who will make that determination.

If one of my tenants behaved as you described, I would want them to go also, as a danger to my property. We had a family member that was seeing spots/ticks on everything and it was Alzheimer's disease, but she was elderly.

Agree that if you have anymore instances such as this, you need documentation/witnesses.

It certainly wasn't weed that the guy was on. I've done my fair share of drugs in the past and this guy was hallucinating. No question. The issue is being able to prove it. I don't think it was LSD due to how erratic he was. It was most likely crack or a result of having been up for several days on meth.

I agree with Moshe on parts of this. I have to choose my part of Termination carfefully. I also consulted with my lawyer. They said basically the same thing. Mainly because of the mold card being played. If I went to the building and the dude was running around like this without calling about mold, he would already have his notice and we wouldn't be having this discussion.

I would much rather go to the unit and grab the idiot by the hair and toss him out in the snow with his crap, but I can't do that. It will only make things worse. I haven't heard anything else from him at this point, now it's a waiting game.

" Calling the landlord for repairs does not protect the tenant from being asked to leave. "

Under the URLTA (uniform Residential Landlord Tenant Act),

calling the landlord to complain about mold DOES protect the tenant from being asked to leave. Many states (including CA) have adopted this provision in one form or another.

In addition to explicit statutory relief as a defense against eviction, there is a large and growing body of Retaliation Law, including employment law, discrimination law and housing law which allow tenants to sue for damages.

NE,

He probably lost more brain cells and does not remember calling to complain so no need to worry about retaliation! :)

Video. It didn't happen unless your posted it on YouTube.

Plus I wanna see it! I need a laugh today!

BRAD

Again I say - we need a way to screen for crazy.

his behavior should be the topic of a written letter citing his irrational disruptive acts and the apparent drug use. you can build a file now and toss him for any reason you want after a little time passes. the letter should be brief and mention that you appreciate his bringing the possible mold to your attention and advising that you have inspected and found none. remember that the letters you write here are for the NEXT guy that reads them...not him. new lease terms are required. due on 1st, late on second. late fee of 6% and document all his acts that can be used to evict if it becomes needed.