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Irwin Law
Irwin Law, Attorney
Category: Landlord-Tenant
Satisfied Customers: 6855
Experience:  Attorney 35 years extensive and active real estate practice; represents both landlords and tenants
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In Nebraska I have a squaler, in a small apartment complex,

Customer Question

In Nebraska I have a squaler, in a small apartment complex, that pays rent on time. The lease expired a couple years ago so the tenant is on a month to month. The town is small and has a 25% vacancy rate, so getting a replacement is difficult. Neighbor
tenants have complained that more family members (ages unknown but probably late teens to young adults ) have recently moved in and the hot water is intermittently cold. The plumber says the water heaters are fine. The unit is legally meant to hold up to 4
persons but now is beyond this limit, however, the entire building is on average within occupancy limits. The tenant says no one has moved in, just visitors that are there a lot. There are also complaints that odors from the squaler's unit leak into the hall
when the door is opened and closed. The interior of the unit smells very bad and maintenance does not like to service the unit. I am a little worried about loosing tenants from the hot water situation. I want to sell the building. Should I evict this family?
Submitted: 1 year ago.
Category: Landlord-Tenant
Customer: replied 1 year ago.
The above question was for Irwin Law.
Expert:  Irwin Law replied 1 year ago.

Hi Karen: I think I already answered this question, and I just responded again to your question about Nebraska law.

Briefly, as an experienced landlord myself I would not evict them immediately nor would I call the Board of Health yet. I would first knock on the door and tell the senior member of the family that you will return in so many days for an inspection and if the place isn't spic and span clean and odorless they will be immediately evicted. That's a bluff, but it works for me. (Actually, most boards of health have the power to remove occupants immediately, if there is a health hazard.) They can always move somewhere else and ruin another landlords property, and that's really what you want. You will never sell the building with tenants like that in there. I would appreciate positive ratings on these questions so that I will be compensated for assisting you.

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