Grounds for Eviction?
Our tenant ( she’s on the top floor of our 2-family three story brownstone with not much separation) has a lot of drama in her romantic life. Three times that we know of, it has involved the police or EMT coming into our home to settle matters with her and her boyfriend. The boyfriend is…
Our tenant ( she’s on the top floor of our 2-family three story brownstone with not much separation) has a lot of drama in her romantic life. Three times that we know of, it has involved the police or EMT coming into our home to settle matters with her and her boyfriend. The boyfriend is here every night and shares her one and only key. Their arguments are fairly frequent and often involve some physical violence.
She decided she would be moving out as soon as some school or other accepted her and willingly signed a surrender lease agreement so that we could show the apartment and find someone new, but it has been three months, she hasn’t brought up moving again, but we’re sick of living with the drama and would love it if she were to go, whether we get another tenant right away or not. She usually pays her rent within a few days of the 1st. So my question is do we have the right to tell her that she must go by a certain date?
Thank you donatella and ISNH for that information.
I am sorry but I almost cannot believe this post. Do you really not know anything about leases? If she doesn’t have a lease (she signed an agreement to surrender her lease), then she doesn’t have a lease. If you are accepting money from her for rent, you yourself have created a de facto contract which is a month to month, or a 30 day lease. You must send a letter saying that she must vacate by a certain date. You can terminate a lease. Sigh.
If this post is for real, and you really need this level of help, call Marc Aronson, tenant landlord attorney on 107 Smith St. And good luck.
Every Thursday (I think it runs other days but I’m not 100% sure) you can go to the 4th Floor Help Center in the Kings County Civil Court on Livingston Street and get free legal advice on this issue. Good luck – I hope it all works out for both you and the tenants.
I’m sorry, but I don’t know any landlord-tenant attorneys.
before going to lawyer, which I would do also….
tell her that since she indicated moving and now have plans for the apartment and need it vacated in reasonable amount of time. Really need to speak to find her intention present your desires.
Then get a holdover action started with the attorney. Especially if seems to be hedging on moving.
OP here. Thanks, everyone. I didn’t say he beats her up. I get the feeling they both get hit, and that she’s the provacateur type.
Anyway, he’s a lot younger and more muscular than either of us, so I’m not gonna confront him verbally or otherwise. I do have a feeling that we’ve goofed by accepting her rent beyond the agreed upon vacate date, so I need an attorney’s advice. Any referrals?
As I am sure the OP realizes, do not ever, ever hit someone. That is assault. You will be in the wrong, and you could be arrested. It does not matter who “started” it. Plus, not to mention, many abusers love to goad others into attacking them — it reinforces their sense of victimization.
It sounds like her plans changed and she didn’t realize she had to move. I’m sure if you just speak to her and give her written 30 days notice, it will all work out.
In other matters, if you are really concerned about her personal situation, you could tell her you are concerned, that she does not deserve to be treated like that, and refer her to more info and help. I certainly wouldn’t make it clear you’re evicting her for that reason.
part of me agrees with the funstraw, but really i dont think you want to get personally involved in that manner with someone who beats up his girlfriend. who the hell knows what he might pull? if the tenant was your daughter or someone related or a good friend, then by all means kick the guys ass, but i dont think you should go about that as a landlord. chances are youll wind up getting sued the way the stupid laws are.
*rob*
Stop trying to deal with the tenant and kick the boyfriends ass. You could easily be defending yourself. The police and/or EMT have come out before because of him. Next time he has the key and she’s not around change the locks and only offer her the key. When he turns on you punch him once. When he comes back to defend himself start wailing on him. He can’t prove who started it. People here may not agree with me, but most of them know he deserves it. This is Brooklyn, don’t put up with his shi…