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When i rented my apartment the Tenant said she was alone but…

When i rented my...

When i rented my apartment the Tenant said she was alone but have children who would come over from time to time. It ended up that she has 2

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

I'm sorry I press enter by mistake. This is in Brooklyn NY

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

The problem is I rented to Tenant alone but she has 2 grown Sons staying with her. When I rented the Apt. it was her alone.. I confronted her and said I don't mind the boys staying with you but I would have to increase the rent. She refuse. She said the boys were not staying with her. I install the Ring Cam which showed me that the boys are staying there. Her lease is up July 14,2018. I want to give her 3 months notice that I will not renew her Lease. I want her to get out. Are there any legal ramifications to my action?

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Answered in 5 minutes by:
4/2/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,105
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Thanks for your patience. The answer to your question is no. If she has people living there to whom you did not agree could live there, but you have proof that they are, then this sounds like you may need to begin the eviction process.

You are probably already aware, but the eviction process applies to all landlords and tenants and the law does not concern itself whether the agreement is in writing or whether the tenant has paid rent. Eviction procedures also apply to tenants and subtenants as well. Regardless, although a landlord will have to go through eviction procedures, the landlord must pay special attention to some important legal concepts.

Generally, a landlord must follow procedural requirements when issuing an eviction notice. This means a tenant must receive written notice of the eviction before it is effective; in most cases it is at least 30 days. In addition, a landlord’s eviction is unlawful generally if they violated the implied warranty of habitability; the implied warranty of quiet enjoyment; if the landlord has locked the tenant out; if the landlord has failed to uphold promises made in the agreement; or if the tenant has cured a problem such as past due rent. Plus, landlords cannot discriminate on the basis of race, gender, age, disability, sexual orientation, or religious affiliation under the Fair Housing Act. So, if you are going to evict, you must be very careful that you’re providing enough time and doing it for the right reasons. Regardless, if a tenant fails to pay the agreed upon rent, is at the end of their tenancy, or is not performing promises in the agreement, then you can evict.

If you click here, you can see the variety of eviction notices that are available to you depending on your situation.

Because I value your input, I would like to know what other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 4 months ago
I am not evicting her. I want to give her a 3 month notice that I will not renew her lease. Her lease ends July 15, 2018. I want her out . I'm I doing the right thing by giving her advance notice?

I see. Ok, so if that is the case, then yes, that is perfectly fine. My recommendation though is not to put any reason. As a landlord, you are not required to state the reason you are not renewing and so long it is not based on some discriminatory reason, you're fine.

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,105
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Customer reply replied 4 months ago
Ok Thanks
Joycelaw
Joycelaw, Attorney
Category: Legal
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Customer reply replied 4 months ago
Sorry 1 more question should I give her 2 or 3 mths notice that I would not be renewing her lease.

60 days is ordinary, but the sooner, the better, so go with 3 months.

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Customer reply replied 4 months ago
Thanks so much you have been very helpful.

You bet!!

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