Can My Landlord Evict Me without the Proper Notice?

Basically no. In all states there are landlord tenant laws that dictate the length of time required for giving notice even if there is no obvious reason for doing so, from your point of view. However, if you fail to pay rent on time, your landlord can give you a 3 day notice to pay or vacate. In the few times that I have been forced to give a tenant that notice, I also gave them a 30 day notice and on the 3rd day of non payment, and eviction notice.

That being said, you do not mention how you know your landlord wants to evict you. I assume you were told verbally. Notice needs to be made in writing. It can be posted on your door and mailed to your current address of record. It can also be served by a process server.

If you have no notice but your landlord told you to move out, I suggest that you contact that person to discuss the problem and try to resolve it. You can also hire a lawyer but it will be quite expensive and you will probably not recover any of those costs.   If you are given notice and it is not resolved, make arrangements and move out as per the notice.

What to do about Bed Bugs

Pest infestation is a huge topic for property owners and property managers. But it concerns Owners’ Associations as well.

Let’s just talk about bed bugs for now. For those of you who rent unfurnished units, this kind of infestation can be brought in to your property by your tenants unknowingly. Bed bugs are small insects that feed on human blood. They are usually active at night when people are sleeping. Adult bed bugs have flat, rusty-red colored oval bodies, no wings and are about the size of an apple seed. They are big enough to be easily seen, but hide in mattresses, box springs, bedding, cracks in furniture, floors, or walls. When bed bugs feed, they swell and become brighter red. They can live for several months to over a year without feeding. They don’t jump or fly, and they crawl and move about the same speed as an ant.

How to find bedbugs:
Look for signs of an infestation that may include:
Itchy skin welts on your body
Small blood smears on bedding from crushed insects
Tiny dark spots on your sheets, mattress or box spring which are their fecal droppings
Dried remains of shed bed bug skins
Be aware that other insects, such as fleas, ticks, and mosquitos, can leave bites that look like bed bug bites. Bites alone cannot prove you have a bed bug infestation. Newly hatched bed bugs are about the size of a poppy seed, pale yellow in color, almost transparent, and very difficult to see. Once they have fed, they become larger and are red or brown in color which makes them easier to see. Bed bug eggs are white and about the size of two grains of salt. When laid, they are cemented to surfaces making them difficult to remove. Bed bug bites are a nuisance and annoying, but bed bugs are not known to spread diseases. Try not to scratch bites because it increases the risk of skin infections.

How do Bed Bugs Get In?
Bed bugs are not a result of poor housekeeping. Anyone can have bed bugs. People bring bed bugs into their homes unknowingly in infested luggage, backpacks, purses, furniture, bedding, shoes or clothing. They can also travel between apartments through cracks in walls and floors.

Total release pesticide foggers or ‘bug bombs’ can force bed bugs into adjacent apartments. DO NOT USE: ‘Bug Bombs’. They do not control bed bugs and using ‘bug bombs’ improperly can be dangerous and spreads pesticide throughout your home.

If you have bed bugs and live in a rental property, notify the property manager immediately. Do not use pesticides to treat for bed bugs yourself. “General use” pesticides are not effective against bed bugs and their use may cause the bed bugs to spread to adjacent units.

Read more about erradication here
Bed bugs present a particularly difficult problem because erradication will require the cooperation of the residents who report the infestation.  Most Property Management Companies have pest control contracts, and can call the PCO to investigate.  But who pays this cost?  If you have a lease which includes resolution when bed bugs are found, you can follow the guidelines in the lease.  But bed bugs are extremely contagious.  They can move into adjoining units quickly through cracks.  It is best to eradicate first and ask questions later.

But what happens if an owner in your Owner’s Association rents his furnished property and the renter reports bed bugs.  The resolution to this problem depends upon the jurisdiction.  In some  jurisdictions, there is a common law concept known as the covenant of quiet enjoyment. At common law, this was strictly a landlord-tenant concept and did not affect HOAs such as condominiums. It provides, in layman’s terms, that the landlord will not permit the property be maintained in such a fashion that the tenant cannot enjoy his/her residency. Some HOAs documents contain language that require the HOA to keep the property “properly” maintained..This or similar language might be deemed to create a contractual covenant of quiet enjoyment. Even if not, a problem like bed bugs which can travel through common property and is not stopped at the boundary of a unit may be actionable.  In this case, the owner/landlord would be responsible for resolving the issue as expediciously as possible.

Here is a typical story of how innocently a bed bug infestation can happen:



The Secret to Getting It All Done and Still Having a Life

“I have so much to do that I can’t get it all done.” We have all at least thought this. For those who manage rental properties and the activites of daily life such as  mom, or dad, or spouse, or friend, or athlete etc. this statement can be so true that it can cause one to feel overwhelmed and not able to cope. We have two suggestions. First sign up to use our property management software and your life will become much less complicated. You will find the link at the top of the page. And second, read this article:

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Getting to Yes on All Sides

This is an article which addresses everybody’s need to be right. In property management everyone has a stake in the game. Residents usually “know” that they are right, and Managers know what IS right. There is actually a chemical process that takes place in the brain as you deal with a variety of stress factors every day. How many times have you wanted to let the phone just ring because you cannot handle one more problem today!? We at Smart Property Systems have promised to provide our readers with information which will help them to become better managers. This article from the Harvard Business Review is well written and will give you some suggestions about how to handle the problems which arise from everyone wanting to be right! Enjoy. We welcome your comments and insights.