Rental Property Investor · Salem, NH · Member since 2016 · 460 posts · 276 votes
Hello,
I recently served my tenant a 30-day notice to quit, meaning her tenancy ends May 31. She was on a month-to-month lease and so the reason for serving notice was not needed, however, when confronted I told her I was looking to renovate and increase rents.
This morning at 4 AM there is a leak coming from the ceiling in the apartment below hers (coincidence? just wait.) Later this afternoon, while I'm at work, I receive a text that the fire department is at my house. The tenant (who was served) called them because the fire alarm in the attic was going off. Upon their arrival, they notice that there was some frame work that was done up there and they call the building inspector. The building inspector shows up and has now placed a Stop Work Order on my front door.
In addition, she apparently also called the Board of Health and they came to inspect the property. This is all happening while I am at work.
I am convinced this is in retaliation to her receiving notice which was perfectly legal on my end.
Does this affect her notice to quit at all? What could her end game be? This has been a horrible experience and I am really hoping she is out by May 31, otherwise I'll have no choice but to proceed with eviction which she already told me she doesn't want to do.
I'm surprised your local housing administrator allows a month to month lease. However your termination of lease has NOTHING to do with your code violations. I had this same thing happen from a tenant who THOUGHT she was going to be evicted. I made the repairs, and still told her she had to leave. She was also telling the other tenants that there were code violations and the building was being shut down. They went along with it and told her they were also moving, because they couldn't stand her. She eventually left without incident, one month lost rent.
Now, if YOU file the eviction prior to her 30 days being up, she will have a cause of action against YOU for retaliation, and may be able to extend her occupancy for FREE!!! So make sure nothing you do is in response to her calling the city.
Did you have any framework being done in the attic? Or did she do something up there while you were at work and then called all these people to cause you trouble???
I feel like she thinks this will delay her 30 day notice some how...also she is Section 8 and her apartment has passed the most recent inspection so she shouldn't have a case against me?
@Caroline M. The framework was up there from me, which I realized was a mistake so I stopped building months ago to obtain a permit before continuing. Then I realized I did not want to go through with the renonvations at this time so I never got the permit, the attic has been untouched for a while now.
The framework problem is completely separate issue which has nothing to do with her or her month to month lease ... as long as you have her proper notice that you would not be renewing her lease again then you shouldn't have a problem BUT section 8 might have different rules which I'm not familiar with. I suggest you look up the sections 8 rules in your area to find out. Maybe stop by the section 8 office???
Maybe someone else here with experience in section 8 can offer some advice or leads on where to find more information.
But it sounds like she doesn't want to leave and at that point you will probably have to go through the eviction process :(
I'm surprised your local housing administrator allows a month to month lease. However your termination of lease has NOTHING to do with your code violations. I had this same thing happen from a tenant who THOUGHT she was going to be evicted. I made the repairs, and still told her she had to leave. She was also telling the other tenants that there were code violations and the building was being shut down. They went along with it and told her they were also moving, because they couldn't stand her. She eventually left without incident, one month lost rent.
Now, if YOU file the eviction prior to her 30 days being up, she will have a cause of action against YOU for retaliation, and may be able to extend her occupancy for FREE!!! So make sure nothing you do is in response to her calling the city.
I spoke with the Building Inspector today and they are taking down the Stop Work Order, and I just need to comply with a few things in my backyard that the Fire Department also had an issue with.
I have yet to hear from the Board of Health but I feel as though I will be fine with that too, on to better days!