G.W. from New Jersey writes:
Dear Mister Condo,
Can a board compel an owner to throw out a tenant if said tenant has been caught stealing property from another owner?
Mister Condo replies:
G.W., it depends on the governance documents and/or local, state and/or federal law as they effect the rights of the tenant and the landlord. On other words, if the governance documents give the Board the authority to evict a tenant, for whatever reason, and there are no laws protecting the tenant or the landlord from their actions, then they most certainly can (and should) compel and owner to remove a tenant who has been caught engaging in such behavior. However, being caught stealing is not the same as being convicted of stealing in a court of law, at which point there is a legal record of the wrongdoing. Also, the Board needs to be consistent in its application of its right to evict. If previous tenants had committed similar crimes and not been evicted, the Board may find it a challenge to enforce an eviction against one tenant who could claim discrimination. These are all items best left to an attorney to sort out. Good luck!