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cease and desist responese by Anonymous on June 2, 2012 @19:08

I recently sent a cease and desist letter to my upper tenant in my rental duplex. The letter was to stop her from blocking in new tenats from parking in and out of the garage. I showed her where her parking area was as repect to when she had first moved in. She was angry new tenants had two cars and that she could not park behind the garage. She felt she had acsess to the whole right side. I told her it was never in agreement unles the lower tenant said it was okay. I also asked her to stop the harassment slander of the neighbor across the street. which I called boyfriend. Maybe a bit assuming but makes no other sense since I was called and threatened by him twice on a Sunday, in reference to give my tenant the right side of the garage.
In reponse I got a letter from the tenant, as from tenant protection that I had violated her rights and the letter I sent is dismissed, and harrassing. That I can not retaliate by eviction,so on.
I had also called her about a very large water bill.She was the only tenant in the building during this very large water bill. I asked to speak to her about the abuse of utilities. She had never answered my calls.In the letter she had also a response to the water. She stated I could not prove the bill was from her since there are no seperate meters, that work was done in the home and That her lease does not say how much water can be used.The work done as checked again with the water company did not cause excess water usage. I also have complaints from the lower tenants of excess flushing of the toilets in the upper unit.
I sent her a 30 day notice I expect more problems from the renter and possibly court. Do you think she stands a chance in a court case?
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Re: cease and desist responese by julie (mn) on June 2, 2012 @19:12 [ Reply ]
This is in MN. Thank you!
Re: cease and desist responese by Anonymous on June 2, 2012 @19:52 [ Reply ]
You do not have grounds to evict her, and she does not have proper grounds to sue you at this point. If she is on a MTM lease give her a thirty day notice to move if you want to get rid of her. Otherwise, when the lease ends, don't renew her. Good luck.
Re: cease and desist responese by julie (mn) on June 2, 2012 @20:16 [ Reply ]
yes she is on a month to month lease. I sent her a 30 day already. The only problem is she recieved it on the first, so I may have to resend next month. I just was concerned, since I have never dealt with something like this that There was any retaliation on my part. I see her as being in retaliation.I have been as professional as I can about the whole thing.
Re: cease and desist responese by NY-LL on June 2, 2012 @20:51 [ Reply ]
The landlord should issue a bill statement when tenants are abusive with the utilities or cause unnecessary or excess damage. There is no lawful reason the tenant cannot be held responsible for excessive costs or damages beyond what is normal. The landlord can sue for the damages in small claims court without the complexity of an eviction. Also, just as a matter of course, be “professional” and send tenant a notice to cure the excessive water bill and the abuse of the limited garage space.
Re: cease and desist responese by Julie (MN) on June 19, 2012 @21:21 [ Reply ]
Hi again,
I had sent a thirty day notice as this tenant is on a month to month. She did not recieve the notice until the 1srt of the month. In the state of Minnesota if you even one day late, the 31srt. The tenant has another 30 days and a new letter of termination has to be sent. I am sending it now. She did say again it is retaliation and is threatening court. I am wondering if it is best to just send antoher notice with no explanation or write a letter along with it explaining why and why it is not retaliation and all is with in state law?
Re: cease and desist responese by me (pa) on July 21, 2014 @18:57 [ Reply ]
Good thing you are not in our township. Because if you in front the magistrate you WILL LOSE. Tenants that don't pay their rent get to live in your property for extra time for FREE!! And the magistrate thinks that's ok. Wish they would realize you get a jodgement on low-lifes isn't worth the paper it is printed on.

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