By Mark Zinman | Zona Law
Question: I own a condo in a building of 72 units. My resident was arrested on the property, and it scared the neighbors who saw the whole event. They now want my resident to move out and are threatening to get the HOA involved and fine me. Can I do an immediate eviction to get the resident out?
Answer: Not necessarily. Based on your question, we don’t have enough information to advise. You should get a copy of a police report, even if you have to wait for it, and then determine the appropriate course of action. To pursue an eviction for an immediate and irreparable breach, generally, the tenant must have engaged in outrageous or extreme behavior, such as criminal acts, on or near the property or something else that irreparably breached the lease. Just because someone was arrested on the property, doesn’t mean they did something criminal that affects those around them or otherwise breached the lease. For example, they may have been arrested for an outstanding warrant for unpaid tickets and failure to comply with a court order. While it’s still a serious offense, it’s unlikely that such a claim would constitute a breach of their residential lease. If you don’t have enough information to successfully prosecute an eviction, the HOA likely doesn’t have enough information to fine you. However, it’s important that you act quickly and collect more information.