Re: board of health - Landlord Forum thread 359995

Re: board of health by Garry on November 27, 2019 @08:24

First and foremost, your T has to keep paying you rent. The BOH found several things wrong during their inspection, but apparently decided that none were currently bad enough to warrant them placarding your house, and telling your T to immediately move out because it was affecting their health.

So, how long did they give you to fix those things, before they want back in to check on then? You should start repairing those things by this coming weekend. You should be able to have all those items fixed by Xmas. Any items that you can't fix yourself, call a local contractor to fix them.

NO------ you cannot just block off the basement. You must FIX those basement items, NOW. When the BOH does their next inspection, if you don't have them all fixed, they may decide to placard the property at that time, tell your Ts to move out, and you won't be able to rent it again until it passes their inspection---even if that takes you all of next year to get them all fixed.

NO-----you cannot evict someone for having their son come back to live with them. The son is a minor, and part of the family. Give up on that idea, or face a MAJOR lawsuit by your local Civil Rights Commission, that you could NEVER win. Instead of asking your T to move, give them a 60 day notice of a 3% rent increase at the end of the lease, AND that the lease will now become a M2M lease. Then, next summer, if you still want the T gone, you could send them a 30 day notice to move.

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Re: board of health by SUZANNE on November 27, 2019 @12:56	[ Reply ]

Thank you Garry for you response, this is very helpful. The BOH gave until Dec 11th to get items fixed but did say I could get an extension, that fact that I called this AM and made willing effort immediately (AND WE ARE!) beginning today to repair, get professionals in etc. My worry now is he thinks he can withhold rent because he made the BOH complaint and he will refuse anyone to enter the apartment to make matters difficult but will cross that bridge when I have to. His lease ends April 30, 2020 I have on my agreement a 60 day notice for tenant or landlord, would it be considered retaliation if I told him on March 1, 2020 that we will not renew his lease vs saying we are doing a 3% rent increase?

Re: board of health by Garry on November 27, 2019 @13:43	[ Reply ]

Yes, it could possibly be construed by the tenant, that it's retaliation, if you try to end the lease so soon after the BOH got involved. You do not want to give the T cause to hire a lawyer to sue you. That's why I said to let the T stay there, and only increase the rent by a minimal amount. A 3% per year increase is considered as a normal/average increase, not one that shows you are trying to force the T out, by way of a huge increase in rent. If the T tries to stop paying rent, or refuses to let someone in to do repairs, call the BOH immediately, and have them call the T and set the T straight.

Re: board of health by Robert on December 2, 2019 @11:28	[ Reply ]

I would just not renew the lease. If Tenant refuses to pay then post notice to quit or cure.