Evicting a tenant

[Olga858]

Hi Any suggestions on how to remove a tenant would be great. he's ben there for 30 days and has scared 5 other tenants away. So he's going to cost me a lot of money. Any suggestions would be more than welcome!

[Alexandra316]

@Nanxing0 Whatever you want to call it... I'm not judging. You've got to do what you've got to do. 

As far as the police are concerned, it definitely depend on the officer, yeah. Some just won't get involved. 

[Olga858]

He told me he wants 2500 dollars and for me to make it stop raining for his to move out. He's definitely played the system before and knows all the inns and outs. And he behaved really well until day pretty much 29 of the reservation at which point he went app **bleep** crazy on me. And it took me 3 days to get airbnb to cancel his reservation so by that time he'd stayed in the place for 31 one day which makes him a tenant... but a tenant in a rooming house. And the lawyers that I called today mostly don't even deal with evicting airbnbs. 

[Alexandra316]

@Olga858 So may of them don't want to get involved in these situations, because it bridges a really weird gap between tenant law and hotel law. Same with the police. 

[Ana21984]

Do you have a link for PA law on when a guest becomes a tenant? I know each state is different 

[Olga858]

Thank you guys for so many replies, it's giving me ideas as to where to look. I've found this gem, maybe it would be useful. 

Found this on the sampling.com

Eviction Process

A typical residential Pennsylvania eviction process consists of several notices and a hearing before the landlord can physically remove the tenant from the home. In the situation of a rooming house, however, the landlord can simply lock you out of the room unless a different eviction process is specifically detailed in the lease agreement or oral agreement provided by the landlord to the tenant.

Recourse

If the landlord has written out the exact reasons for eviction and has followed the word of the contract, then you have very little recourse against the landlord. You do not have the same rights and protection that a regular residential tenant has due to the nature of your housing situation, although long-term tenants of a rooming house may be able to get the courts to consider them tenants on a case-by-case basis. This is only considered in extraordinary circumstances, however.

[Olga858]

There was no agreement, it's a 6 bedroom house with other tenants staying in. I also apparently not supposed to provide him with the kitchen, so I think tearing it out would benefit both parties opinion (i was planning on doing remodeling anyway). 

[Olga858]

Another thought, if I just get his stuff outside and change the locks, he'll call the police, but he has no proof of residency there: there's no airbnb reservation, his account was deactivated, there are no bills that he paid in that address, his ID doesn't have the address, so technically he's nobody. 

[Nanxing0]

@Olga858 That's a good thought and should at least temporarily solve your issue but he might go to the small claim court and sue you for locking him out. He can present to the judge evidence that he has lived there for more than a month so he has legal tenancy. Most likely this will run into a mediation that the court will ask you to give him access to the room to get his stuffs out within say 2 weeks. And then the court fee might be on you...

Also the landlord-tenant law says if you evicted a tenant you need to keep his/her stuffs for 30 days before you can legally trash all of them if the evicted tenant didn't arrange pickup. I'm not sure if such rule applies here, but gotta be careful. He might claim to lose some precious jewelry and get you into another trouble.

[Ann72]

@Olga858  Dying to know what happened.  Hope you prevailed!