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non-renewal of lease
by sue (new hampshire)
on July 31, 2015 @18:27
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I had a couple with 2 children, 2 cats and a dog, move in almost a year ago. They moved into a 3 bedroom house which has an accessory apartment which I occupy.
The screaming of one of the children raised the hair on my dogs back, and the barking dog caused distress to my dog.
This has gone on for a year. The tenants got a divorce and now it is just the wife, with the 2 kids and barking dog.
She told me she was looking for something cheaper, now that her husband was gone, and I informed her I would release her (gratefully) from her lease. I listed the house and found a wonderful couple, obviously with her full knowledge. Yesterday, she told me she hadn't been able to find anything and was planning to stay. I was taken aback, as I really wanted them to leave. I pondered all day, feeling bad, and arriving home was greeted by the dog barking out the front window. Decision made, I drafted the non-renewal. They arrived home and the screaming announced their arrival. We waited for the air
to clear, didn't happen, so gave her the form. She melted down, claims she's not leaving, claims I can't evict her. I said I'm not evicting, I'm just not re-upping. Am I in danger of losing a great tenant and be forced to continue to be subjected to the screaming child?
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Re: non-renewal of lease
by Garry (Iowa)
on July 31, 2015 @19:42
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You should not have tried to rent your place until the family was totally out. Plus, you will need to have it vacant so you can repair any damages and at least have any carpets cleaned from any pet odors and stains, before you can rent it again. Yes, you may have lost a prospective tenant, but there are more out there. And you may still have to evict your T if they don't go on their own at the end of their lease (as a hold-over T ) All that takes time to do too. If you want her out really bad, you could offer to pay her to move, as from your post, it doesn't sound like she has any money to move. Just make sure you follow all your states LL/T laws, especially about the proper notices, time frames, and the eviction process, or she could still be there by Halloween. Good Luck
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Re: non-renewal of lease
by John Brayton (Massachusetts)
on August 1, 2015 @09:49
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I am unclear about when the lease ends and when the tenant was going to leave.
If there is no written agreement that the tenant leave before the lease ends, then you are probably stuck with the tenant until the lease ends.
Now that your existing tenant has had a day or two to cool down, I would try to talk to the tenant. If the tenant gives you any difficulty whatsoever, then I think you need to notify your new tenant right now that the place will not be ready for the move-in date. Refund any deposits, and even their application fees.
You know that the process of getting the family out has potential to be troublesome. Based on that, follow G's advice and don't even try showing the place until the current tenant is out.
I might be inclined to consult an attorney now as to how to best go about removing the current tenant.
John
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Re: non-renewal of lease
by MrDan (Georgia)
on August 3, 2015 @09:41
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Perhaps you should considered the possibility of violating Fair Housing Laws, both Federal and New Hampshire.
It seems your only complaint is for noise from the children and barking dog. Hopefully, you have documentation to back up your reason for non renewal.
A New Hampshire landlord can terminate a tenancy for justifiable cause including: non-payment of rent; substantial damage to the premises; violation of the lease agreement; behavior or actions that threaten the health or safety of other tenants or the landlord; or other good cause, as long as the termination of the tenancy is not motivated by illegal discrimination.
The SCOTUS has stated that landlords can be sued even if they had no intention of discriminating – “I didn’t have any idea” won’t cut it when it comes to potential Fair Housing Act violations.
"Federal and State fair housing laws expressly require landlords/tenants to put up with normal, reasonable noise from children. This noise would clearly include noise made by children while playing in a rental, provided that their conduct isn’t overtly unreasonable (e.g. jumping off their beds at 1 a.m., or playing the stereo on high late at night). The landlord cannot evict if children have been making normal noises while playing inside the rental, such as laughing, giggling, or rolling on the floor. To do so is illegal".
"The law does NOT make another tenant’s desire for peace and quiet paramount to the children's right to play in their rental. To the contrary, the law expressly states that a desire for peace and quiet is NOT grounds for making rules against children. Children make noise. That’s part of being a kid. The law requires landlords and tenants to put up with such noises. This would include allowing kids to play around inside their rental at reasonable hours even if another tenant complains."
"I was taken aback, as I really wanted them to leave. I pondered all day, feeling bad, and arriving home was greeted by the dog barking out the front window. Decision made, I drafted the non-renewal"
It looks as if you decided to 'non-renew' in retaliation of the tenants children and tenant planning to stay. The fact that you also considered a couple without children for replacement would show intent on your part to discriminate. Too many landlords react without thinking of all possible out comes of any decisions and often wind up in court defending the bad ones.
Some questions of interest;
Did you remove the husband from the lease?
When was the divorce?
Do you have documentation of all noise violations?
Do you have a 'Pet Policy'?
New Hampshire has very strong and active Fair Housing Organizations.
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