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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37362
Experience:  16 years real estate, Realtor. Landlord 26 years
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I'm having a problem with a hording tenant renting a room in

Customer Question

I'm having a problem with a hording tenant renting a room in a private home.Her hording is now causing a rodent problem.She has bins and bookcases chocked full of cd"s and dvds.,piles and piles of clothes covering the floor.There is also a dog,kept in a cage for at least 23 out of 24 hours. I have repeatedly told her abt.both.
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Barrister replied 10 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Is she under a written fixed term lease or is she month to month?

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Is there anything in her lease about keeping the space clean and tidy?

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Did you allow pets?

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Are you asking how to get this person out of your home?

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Is this the only tenant you rent to with you living there?

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thanks

Barrister

Customer: replied 10 months ago.
She's on month.There is no written agreement.She is a friend of a family member.There is one more renter.I just want her to clean up.There was no mention of her having a dog
Customer: replied 10 months ago.
Iwant to know she has any legal rights w/o any written agreement.My idea is to demand that she clean up in a week or move.But I don't know if I can legally do this
Expert:  Barrister replied 10 months ago.

Ok, then with no written agreement, she is legally a month to month tenant under an oral tenancy agreement. So you can terminate her tenancy with a 30 day written notice, 60 if she has been there over a year.

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If she is creating unsanitary conditions, and it sounds like she is, you can give her at least a 3 day notice to cure the violation or move out. That puts her under the gun to clean the place up and keep it that way or you will evict.

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So yes, you can give her a 7 day notice, the law only requires 3, and if she doesn't clean it up and keep it clean, then you can file to evict her in court after the notice expires.

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And if you don't allow pets, you could give her a 3 day to get rid of the dog or you will evict her...

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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