Legally evict a tenant
HELP!!! while it is not unbelievable what tenants are capable of, i am shocked at my tenant. This month alone she has reported me to the City for code violations and today i got a letter from an attorney stating that her dogs have to stay because they are service animals. She is hard of hearing. The thing is, we have been friendly, and she told me in the past of her plans to lie to stores or restaurants that the dogs are hearing aid dogs. My lease specifically states no dogs without written permission and agreement from landlord.
They initially moved in 1/16/2009 and signed a one year lease. This lease was amended to 6 months on 2/8/2010…and states that it will continue for another 6 months after the first 6 months expired. After that i did not have them sign another lease but we verbally agreed on month-to-month tenancy since.
This is in NY state, in an owner-occupied house. This month she complained to the city about cracked tiles in the kitchen, BEFORE she complained to me. I have since fixed that issue. However, the city conducted a full house inspection and i was told i need to replace the roof and paint the peeling paint outside!!!! I have since responded to the city and said i cannot replace the roof and paint the house in 60 days. I have not heard back. Of course i was pissed at the tenant because this is someone i was friendly with (ha ha). I reviewed the "retaliation" law and it says it does not apply to owner-occupied houses. But i want to make sure that i will not be violating any law by giving them 30 days sometime soon to vacate since the lease is month-to-month…I am sure if a verbal agreement stands. This tenant is the type that looks for drama when things are calm and i am tired after 6 years. Too bad the husband is a nice fellow but i cannot continue to put up with her considering i live in the unit too.
I am considering hiring a lawyer to look over my lease and advise me because i want them out before December.
Any feedback is greatly appreciated.
Meg in Rochester, NY