Tenant Retaliation - Building Inspector/Board of Health - HELP

[Steve DellaPelle]

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.

Thoughts please...

[Ray Harrell]

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.