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Babysitting

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boonas

Junior Member
What is the name of your state? NH
My tenant is babysitting for her niece. There are three children. I told my tenant that they were not allowed to do babysitting as it is a business and the liabailty is too much... Upon visiting the premises several times to do yard work over the past few weeks, the children were dropped off every day. I sent a certified letter to explain again that there is no babysitting... They still don't get the message as they are still babysitting ! I gave them their notice to vacate and they are STILL babysitting ! I have not heard from them regarding the vacate notice (it's been a few days)..... So now what can I do?
 


Ohiogal

Queen Bee
boonas said:
What is the name of your state? NH
My tenant is babysitting for her niece. There are three children. I told my tenant that they were not allowed to do babysitting as it is a business and the liabailty is too much... Upon visiting the premises several times to do yard work over the past few weeks, the children were dropped off every day. I sent a certified letter to explain again that there is no babysitting... They still don't get the message as they are still babysitting ! I gave them their notice to vacate and they are STILL babysitting ! I have not heard from them regarding the vacate notice (it's been a few days)..... So now what can I do?
It is family. YOu can't prohibit your tenant from having family over. Even if it is during the day every day. Good grief. They are allowed to have children in their residence every day. If she were babysitting for more than just her neice that might make it a business. Hate to tell you but she lives in the house. She pays rent to live in the house. She is allowed to have guests.
 

boonas

Junior Member
I should have also added that my tenant is being paid by the state for babysitting as her niece is receiving state aid.
 
That doesn't make it a "business." She's allowed under the law to care for up to three children in the home; no (business) license required. Get over yourself. Shoot, I'd move just because you're a jacka$$.

Edit: Your second post came in as I was typing mine. I'll edit to add that your a nosy jacka$$ at that. How is it that as a landlord you know about your tenant's niece's personal business??????????
 
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boonas

Junior Member
Excuse me but you don't know all the circumstances revolving around these tenants. They have consistently been a problem since we bought the property and were even told by the previous owner to get these tenants out... And a jackass?? I have allowed them to do weekly payments vs. monthly as they requested. I have also allowed them to park their vehicles which both leak oil in the driveway which now needs repair which I am not asking them for any money for it. They also have pets which I do not allow .... AND I am not a slumlord - the apartments are kept in REALLY good shape !
 
boonas said:
Excuse me but you don't know all the circumstances revolving around these tenants. They have consistently been a problem since we bought the property and were even told by the previous owner to get these tenants out... And a jackass?? I have allowed them to do weekly payments vs. monthly as they requested. I have also allowed them to park their vehicles which both leak oil in the driveway which now needs repair which I am not asking them for any money for it. They also have pets which I do not allow .... AND I am not a slumlord - the apartments are kept in REALLY good shape !
Cool, then go tell it to the judge. Unless they're in direct violation of the lease by having pets, you still have no legal reason to evict them.
 

boonas

Junior Member
I will tell it to a judge and I am not evicting.... I just gave them their notice. In 23 years of being a Landlord this is only the second time I've asked anyone to leave... And if you don't want to listen, then don't reply.
 

BelizeBreeze

Senior Member
boonas said:
I will tell it to a judge and I am not evicting.... I just gave them their notice. In 23 years of being a Landlord this is only the second time I've asked anyone to leave... And if you don't want to listen, then don't reply.
I would strongly suggest you lose the attitude before coming back here. NO ONE knows the facts until you present them and you did NOT present any relevant fact until they served your purposes.

If you feel you have a case then continue evicting them. But unless you can tape the lease agreement to the screen so that we can read it, no one can give you a valid opinion.
 

HomeGuru

Senior Member
boonas said:
I will tell it to a judge and I am not evicting.... I just gave them their notice. In 23 years of being a Landlord this is only the second time I've asked anyone to leave... And if you don't want to listen, then don't reply.

**A: you had better wish that the tenant does not hire me as their attorney.
You would lose the case and pay huge damages. I just love idiot landlords.
 

boonas

Junior Member
Babysitting - Agreement Part 1

I didn't have an attitude until single mom wrote her note calling me a jackass !! All I wanted was adivce as to what to do.... Here is part 1 of my agreement - I will send part 2 in another post as it won't fit on this one....


RESIDENTIAL TENANT-AT-WILL AGREEMENT


THIS RENTAL AGREEMENT is made and entered into this __________day of _______________ , 20____, by and _______________ between hereinafter referred to as “Landlord” and ____________________________ hereinafter referred to as “Tenant.

Premises:

Landlord rents to Tenant, upon the terms and conditions contained herein, the dwelling at ____________________for the period commencing on the ________ day of __________________, 20____. This rental agreement shall automatically renew each month unless terminated in writing. The Tenant is required to give the Landlord in a notice in writing at least 45 days in advance of his/her moving. Notice must be given on the first day of a month. If notice is given after the first day of the month, the rent will be due for the following month.

Rent:

Tenant shall pay as rent the sum of $_____________per month, due and payable monthly, in advance, no later than 5:00 pm by the fourth day of every month. Tenant further agrees to pay a late charge of $15.00 for each day rent is not received after the fourth of the month to the Landlord regardless of the cause, including dishonored checks, time being of the essence. An additional Service Charge of $15.00 will be paid to Landlord for all dishonored checks. Rent may be mailed through the U.S. Postal Service at Tenant’s risk. Any rents lost in the mail will be treated as if unpaid until received by Landlord. Payment of rent may be made by check until the first check is returned unpaid. Regardless of the cause, no additional payments may afterwards be made by check. Rent must then be made by cashier’s check, money order or certified check.

Security Deposit:

Tenant agrees to pay a Security Deposit of $_______________to bind Tenant’s pledge of full compliance with the terms of this agreement. Security Deposit may not be used to pay rent. Any damages not previously reported as required in this agreement, will be repaired at Tenant’s expense. The security deposit shall be released subject to the following provisions: (A) The full term of the agreement has been completed. (B) No damage to the premises, buildings, grounds is evident. (C ) The entire dwelling, appliances, closets and cupboards are clean and free from insects. The refrigerator, range and windows shall be clean. All debris and rubbish have been removed from the property and carpets have been cleaned and left odorless. (D) All unpaid charges have been paid including late charges, pet charges, delinquent rents, etc. (E) All keys have been returned. (F) A forwarding address for Tenant has been left with the Landlord. Within thirty (30) days after termination of the occupancy, the Landlord will mail the balance of the deposit to the address provided by Tenant in the names of all signatories hereto.

Tenant Responsibilities:

Tenant agrees to use said dwelling as living quarters only for _______adults and _______children, namely: ________________________________________________________.
Tenant shall be conservative with the heat and electricity as this is included in the rent. Lights and air conditioning should be shut off while not at home. The thermostat shall be left at 65 degrees if apartment is not occupied during the day/night. Utility statements shall be monitored to insure compliance.
Tenant shall be responsible for the proper curbside disposal of garbage each week. Garbage should be contained in tied plastic bags and held in containers provided. (Wed. unless a Mon. Holiday - then Thurs.)
Tenant shall park only two vehicles and driveway is not to be blocked at any time. Tenant further agrees not to park or store a motor home, recreational vehicle or trailer of any type on the premises.
Tenant shall not change oil or do other major work on vehicles while in the driveway. All vehicles must be maintained. If oil/other fluids are leaking, vehicle cannot be parked in driveway. Any damage to driveway due to Tenant’s negligence shall be repaired at the Tenant’s expense.
Tenant shall be responsible for shoveling/clearing their own walkway and stairs. Landlord shall provide plowing and vehicles shall be temporarily removed to accommodate plowing.
Tenant shall not smoke inside the premises. If smoking outside, the Tenant shall dispose of cigarettes appropriately and safely.
Tenant agrees to no pets without prior written permission from the Landlord.
Tenant is encouraged to report any repairs needed.
Tenant agrees to maintain a telephone, and to furnish the Landlord the telephone number.
Tenant is responsible for obtaining insurance on their own personal belongings. Landlord shall not be liable for any loss of Tenant’s property by fire, theft, breakage, burglary, or otherwise, nor for any accidental damage to persons or property in or about the rented premises resulting from electrical failure, water, rain, windstorm, etc., which may cause issue or flow into or from any part of said premises or improvements, including pipes, gas lines, sprinklers, or electrical connections, whether caused by the negligence of Landlord, Landlord’s employees, contractors, agents, or by any other cause whatsoever.
Tenant agrees that the dwelling is to be used for residential purposes only and is not to be used for sales and/or commercial use or any illegal activity.
Tenant agrees not to assign this agreement, nor sublet any portion of the property, nor to allow any other person to live therein other than as named above. Further, it is agreed that covenants contained in this agreement, once breached, cannot afterward be performed, and that unlawful detainer proceedings may be commenced at once, without notice to Tenant.
Tenant agrees to accept the property in its current condition and to return it in “move-in clean” condition, or will be liable to pay a special cleaning charge of $75.00 upon vacating the premises.

Other Provisions:

Should any provision of this agreement be found to be invalid or unenforceable, the remainder of the agreement shall not be affected thereby and each term and provision herein shall be valid and enforceable to the fullest extent permitted by law.
All rights given to Landlord by this agreement shall be cumulative to any other laws which might exist or come into being. Any exercise or failure to exercise by Landlord of any right shall not act as a waiver of any other rights. No statement or promise of Landlord or his agent as to tenancy, repairs, alterations, or other terms and conditions shall be binding unless reduced to writing and signed by Landlord.
No improvements shall be made by the Tenant without prior written consent from the Landlord. Any improvements to the property made by tenant inside or outside must not be removed without written permission from the Landlord. This includes landscaping, shrubs, flowers, walkways, out buildings such as storage sheds and playhouses, etc. Any interior improvements the tenant may have made to the property must also remain. Improvements such as but not limited to the following are installation of ceiling fans, book shelves, shelving, light fixtures, etc. No additional locks will be installed on any door without written permission from the Landlord.
Any removal of Landlord’s property without express written permission from the Landlord shall constitute abandonment and surrender of the premises and termination of the resident of this agreement. Landlord may take immediate possession, exclude Tenant from property and store all Tenant’s possessions at Tenant’s expense pending reimbursement in full for Landlord’s loss and damages.
Landlord has the right of emergency access to the premises at any time and access during reasonable hours to inspect the property or to show property to a prospective tenant or buyer. In the event that the property is sold, the rental agreement between Landlord and Tenant is cancelled on the date the new owner takes possession of the property. Tenant has 45 days to vacate the property or sign a new agreement with new owner at new owner’s option.
If Tenant leaves said premises unoccupied for 15 days while rent is due and unpaid, Landlord is granted the right hereunder to take immediate possession thereof and to exclude Tenant therefrom; removing all Tenant’s property contained therein and placing it into storage at Tenant’s expense.
 

boonas

Junior Member
Babysitting - Part 2 Agreement

Tenant agrees to accept said dwelling and all of the furnishings and appliances therein as being in good and satisfactory condition unless a written statement of any objections is delivered to Landlord within three (3) days after resident takes possession. Tenant agrees that failure to file such statement shall be conclusive proof that there were no defects in the property. Tenant agrees not to permit any damage to the premises during the period of this agreement to woodwork, floors, walls, furnishings, fixtures, appliances, windows, screens, doors, lawns, landscaping, fences, plumbing, electrical, air conditioning and heating, and mechanical systems.
Tenants obligations are as follows: (A) Take affirmative action to insure that nothing is done which might place Landlord in violation of applicable building, housing, zoning, and health codes and regulations. (B) Keep the dwelling clean and sanitary, removing garbage and trash as it accumulates, maintaining plumbing in good working order to prevent stoppages and leakage of plumbing fixtures, faucets, pipes, etc. (C ) Operate all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other appliances in a reasonable, safe manner. (D) Assure that property belonging to Landlord is safeguarded against damage, destruction, loss, removal, or theft. (E) Conduct himself, his family, friends, guests, visitors in a manner which will not disturb others. (F) Allow the Landlord or his agent access to the premises for the purpose of inspection, repairs, or to show the property to someone else at reasonable hours, and to specifically authorize unannounced access anytime rent is late, or this agreement is terminated or for pest control, maintenance estimates, serving legal notices, or emergencies. (G) Comply with all provisions of this agreement, particularly with respect to paying the rent on time and caring for the property. Tenant warrants that he/she will meet the above conditions in every respect, and acknowledges that failure to perform the obligations herein stipulated will be considered grounds for termination of this agreement.
Tenant is responsible for all glass and screens being that all are currently in satisfactory condition.
Appliances or furniture in the unit at date of agreement per the attached Exhibit ‘A’, are loaned, not leased to the Tenant. Maintenance of appliances or furniture is the responsibility of the Tenant who will keep them in good repair.
Smoke detectors have been installed and are in operable condition. From this time on the Tenant will be required to maintain the smoke detectors. Any new batteries are the responsibility of the Tenant. If there are any problems with the working order of the detectors, the Landlord shall be notified immediately.
No money is to be deducted by Tenant from rent payment for any reason without express written permission of the Landlord.
No water beds permitted without written permission.
Tenant agrees, without protest, to reimburse Landlord for all actual and reasonable expenses incurred by way of Tenant’s violation of any term or provision of this agreement, including, but not limited to $10.00 for each Notice to Pay, Notice to Quit or other notice mailed or delivered by Landlord to Tenant due to Tenant’s non-payment of rent, all court costs and attorney’s fees and all costs of collection. Both Landlord and Tenant waive trial by jury and agree to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Belknap County, State of NH. In such event, no action shall be entertained by said court or any court of competent jurisdiction if filed more than one year subsequent to the date the cause(s) of action accrued.
Properties built before and during the late sixties and early seventies may have had lead based products and asbestos products in them. These products were considered safe at the time they were used, just as the building products used today are considered safe for home construction. Only the test of time will show which products are or are not safe to use. Having read the above, the Tenant signs the agreement below with the full understanding that these conditions may be present in this property. The Tenant and all parties associated with this property relieves the owner, property manager, and any of his agents from any responsibilities for these conditions regardless of when or how these conditions were caused.

All parties agree that termination of this agreement prior to termination date will constitute breach of the tenancy and all security deposits and one full month’s rent shall be forfeited in favor of Landlord as liquidated damages plus the Tenant will be charged the cost of restoring the property to rental condition plus advertising and rent loss incurred until the new resident moves in. The Tenant’s liability for rent loss is limited to thirty (30) days after restoration is complete.
In this agreement the singular number where used will also include the plural, the masculine gender will also include the feminine, the term Landlord will include, Owner or Lessor; and the term Tenant(s) will include Resident, Lessee or Renter.
Unless specifically disallowed by law, should litigation arise hereunder, service of process therefore may be obtained through certified mail, return receipt requested; the parties hereto waiving any and all rights they may have to object to the method by which service was perfected.
Tenant agrees to send all notices to Landlord in writing by certified mail, return receipt requested. This is the only form of notice permitted in a court hearing as evidence of notice given.

You should read and understand this agreement. It is a legal and binding contract. Signing below means you have read the agreement and are in full agreement with it and have received a copy of the contract.

ACCEPTED THIS _____________DAY OF __________________, 20 ____.

____________________________________ _______________________________________
(Landlord) (Landlord)

____________________________________ _______________________________________
Tenant Tenant
_____________________________________________________________Tenant Telephone Number
 

BelizeBreeze

Senior Member
Under the terms of your lease as posted here, HG would clean your clock in court and you would indeed, face severe penalties.
 
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