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Re: Super difficult tennant
on June 2, 2012 @20:13
As per your lease, you cannot terminate it until the end of the term. If you wish to not renew, you must give them notice 60 days (or two rental terms/months in your state) prior to last day of the lease. If it's a month to month rental agreement, then you can issue the 60 days now for a move out date of August 31st.
Unfortunately, you are stuck with them unless you evict them through the court system or they want to move out on their own prior to end of the lease. Eviction is difficult unless there has been a major breech in the lease such as non-payment, habitual late payment, or major damage or criminal activity.
If they do not pay rent, issue them a pay or quit notice as per your state's requirements. You would then file for eviction at your courthouse. The only time a tenant can withhold rent is if there is a major repair that is not being made or a habitability issue not being remedied. Some dirt or dust or a stained carpet is not a sufficient cause that the court will allow a rent reduction. They also must follow a specific procedure if they want to withhold rent legally. They may try without going through the steps in order to force your hand to bend to their whims but you must call their bluff and file the eviction.
This is the link to your state's rules/laws regarding LL/tenant laws.
If they damage the property on purpose, you will have to show that to the court after you file a complaint. The repair cost will either come out of the SD or you will need to sue them for whatever the amount is if it exceeds the SD if they do not pay for the repair.
You can definitely evict a woman with a baby for non-payment of rent or lease violations. They have to follow the law and contracts they sign just like anyone else. The court may be sympathetic and grant them extra time to catch up on the rent or find a new place, but your case will not be denied just because she is pregnant or has a baby.
If you do end up going to court, I would suggest you find a good LL/tenant attorney if you can afford one if this is your first time with an eviction or tricky tenants.
Have all your communication with the tenant in writing. If they need a repair ask for it in writing and respond to their requests in writing in a professional, unemotional manner. Cite that the tenants had done a walk through prior to move in and indicated that everything was satisfactory. The apartment was cleaned prior to rental. It is the tenant's responsibility to keep the premises clean,sanitary and good condition. I am sure your lease has a clause or language to that effect which you can refer the tenant to.
Remember you are the Landlord and not their parent, employee, or housemaid.
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