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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My daughter and her boyfriend are renting a house from his

Customer Question

My daughter and her boyfriend are renting a house from his aunt and uncle. They have a 17month old. The aunt and uncle are mad at them for not coming over to visit, so they are giving them 30 days to get out. They are using the excuse that they have 2 dogs. They have had these dogs for at least a year and they have never said anything. Can they kick them out for that reason?
Submitted: 6 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your post.

Does the daughter and the boyfriend have a written lease with the aunt and uncle? Did they give them 30 days notice in writing?
Customer: replied 6 years ago.
She is suppose to receive the paper tomorrow. There is no lease.
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your follow-up.

Legally without a lease the daughter and her boyfriend are deemed to be 'tenants at sufferance", which literally means that they are on the premises at the expressed permission and sufferance of the owners. That also means that if the owners of the property provide proper written notice, no matter the reason, they are free to cancel the lease. Even if there may be a lease situation, they are deemed to then be month-to-month leaseholders, and all they are entitled to are a 30 day notice of cancellation of lease.

The landlord is not required to keep renting once proper notice is provided.

Hope that helps.

Edited by Dimitry Alexander Kaplun on 11/1/2010 at 3:55 AM EST
Customer: replied 6 years ago.
I don't understand. They don't have a have a better reason thatwhat I said about the dogs. Where are the rights of the tenants that pay on time every month and have been taking care of the place as if it was theirs. Wheres their rights?
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your follow-up. Let me try to be clear.

The landlord in this case is using dogs as an excuse. They can do that, and if your daughter objects, they can redo their notice to quit the premises and make it be simply for leaving the premises. Even if the tenant pays on time, if there is no lease (and there is none as you stated), the landlord is always free to cancel their right to stay on the premises. If they had a written lease it would be a different story--but because there is nothing on paper if the landlord's notice is properly filled out, the rights of the tenants expire on the premises.

Good luck.

Edited by Dimitry Alexander Kaplun on 11/1/2010 at 4:07 AM EST