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Infolawyer
Infolawyer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 54766
Experience:  Experience representing landlords and tenants.
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Our Landlord does an annual inspection, which was today, and

Customer Question

Our Landlord does an annual inspection, which was today, and she informed us that she hadn't gotten her certificate of occupancy a few years ago when the modular was built, so he too was coming. He informed her that the full basement needs to be insulated.
We have our appliances, and basically household in the basement as we will be moving in about 4 months. She called and gave us until June 18th to empty the basement. Can she do this? are we expected to pay for a storage unit?
Submitted: 1 year ago.
Category: Landlord-Tenant
Customer: replied 1 year ago.
She has now told us all must be out of basement and boxes (my dad passed and I'm sorting through 6 tiny boxes in my bedroom) and sent a rather intimidating nasty text today more complaining about grass edges not cut-we have a month to month rent and we are renovating my fathers house- no rent payments-therefore gave 4 months notice-which apparently she was planning on listing the house in June with no notice to us-originally we were renting with option to buy.
Expert:  Infolawyer replied 1 year ago.
You would need to vacate but do not need to pay and may seek return of back rent paid.
Customer: replied 1 year ago.
I'm not sure what you meant- she wants only basement and the tiny boxes out of bedroom as she calls it "clutter" and said we need to rent a POD and move it all. Because we won't have rent at parents old place we have current land lord 4 months notice. She hasn't given us a 30 day notice just wants house basically with minimal furniture and minimal personal belongings here at farm we are currently renting for $1200.00 per month. Does she have the right to make us store our belongings from basement and in actual house just because she doesn't like it there?
Expert:  Infolawyer replied 1 year ago.
She has to evict by notice and court action. You may hold out for that. If premises illegal you may vacate and seek damages. You may also go on offensive. You have a few options. Let me outline them. You can pursue a complaint in civil court. You may sue for losses suffered plus costs and interest. You can also file a complaint with the attorney general office. You can threaten these options before pursuing and use for leverage. local counsel can also get involved!
Customer: replied 1 year ago.
So even though she isn't (at this point) serving a 30 day notice, it would be considered an eviction if she is only requiring us to remove our personal properties from basement and the few from within the house? She is saying we have "trashed" the place(pics prove otherwise, which I have) because we did not weed eat edges of lawn, and mower was set higher than she prefers.Another issue: I have had multiple dogs (I breed and show) since we moved in. I purchased an outside kennel, but we do have dogs in house-laundry area with dog door, NOT on carpet, etc. I have 3 babies which are litter pan trained-when she arrived they had just used the pan-she swears it smells bad enough to make her vomit-I have very sensitive smell and I can't smell a thing- unless they have just used it. She also swears daughters bathroom smells very bad from a CAT- WE DON'T OWN ONE-only a cremated cat in a box! (She too was a dog breeder and her dogs did more damage before we moved in than ours ever would be allowed to do.
She has given me until June 18 to get all animals out of house. Never was an issue, but now I believe because she wants to list the house she feels all of our stuff needs to be pristine and not lived in. According to things I've read online with "legal" answers she cannot require us to have the house move-in ready and that she has to do that after tenants move out. There has been NO damage to house, horse barn, or property other than weeding and part of the yard needs re-seeding (which I do every year from the dogs). And also because she has allowed animals since day one can she now decide changes without an agreement?Because she is retired, lives in a huge camper, has no personal property anymore she believes we should clean and live the way she does. We both work, as well as adult age daughter. AND we OWN things. Is this rational and allowed for her to believe that SHE can decide what a tenant can keep?If it gets to an eviction does that show on our credit? We have not missed any rent payments.If we rent the POD because she makes us move all of our belongings other than those in current use, we can sue for the cost, loss, etc?
Customer: replied 1 year ago.
PS the daughters room/bathroom have NO odors.
Expert:  Infolawyer replied 1 year ago.
Correct. Any removal of person or property is an eviction albeit partial.