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Notice to Correct Lease Violations

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T

TimC

Guest
NY State. Double House. I am the Landlord and live off-site.

1) Upstairs tenant is complaining of rancid odor coming though heat ducts. By looking though the basement windows he has determined that there are two Pit Bulls caged in the basement. According to him they appear to be "fighting dogs". Lease contains no provisions for pets.

I want to inform the tenants that the dogs must go, so my question has to do with how much time is reasonable to ask them to correct the problem? It is certainly not healthy to have such an odor effecting my other tenants, so I feel that this is more than a simple lease violation. Can I demand that they be removed within 24 hours? What if they don't?

2) Also, the lease is written to a mother (50s?) and her daughter (20s?) and limits tenancy to those two people. The mother has informed me that she is no longer living there. There are three cars parked there constantly when only two are allowed on the lease. Cars are parked on the grass although that is prohibited in the lease. Upstairs tenant insists that there is a man living there (a boyfriend) as well as a very young child. None of this was approved by me or even mentioned to me.

3) Tenant (mother) has asked me to change the lease so that only her daughter's name appears. This is in an effort to apply for Social Servies to pay the rent. I feel this amounts to fraud.

4) Electric meter has been tampered with so that electricity is going to the apartment. The electric company shows that the power was turned off by the prior tenant when she left. Naturally I suspect them of stealing service. Am I in any way liable as the owner of the house?

5) Tenant has performed no snow removal efforts in light of at least 7 inches of snow in the last week. The lease specifically states that this is the responsibility of both tenants.

6) Rent is currently late to the tune of $310 and 16 days.

I hesitate to approach these people in person, knowing that the dogs are there. I want to file a notice to pay or quit. I am quite sure that this will be messy.

My intention is to inform them that ALL lease violations must be corrected immediately, including the back rent and the presence of people NOT on the lease. How much time should I give them in my written notice?
 


L

LL

Guest
All these problems, and you still want them to correct the violations and stay?

Why don't you get rid of them, and get some tenants that will behave reasonably? Put something into the lease about pets and strictly enforce it.
 
T

TimC

Guest
No, I don't want them to stay. I plan to file for eviction, but I need the unsanitary conditions that are affecting my other tenants to cease immediately.

Before I evict them, I need to provide them with written notice as to the violations. My question really has to do with how much time I write on the official written notice.
 
T

TimC

Guest
Let me clarify. I know that I have to get them out of there. I just want to make sure that I do every step correctly so it does not come back and bite me. I have heard the horror stories of landlords not being able to get rid of tenants in a timely manner because they did not do things in the correct order, etc. etc. etc.

If I file for the eviction without giving them written notice, will that be a problem? I owe it to the other tenant to get this issue attended to as soon as possible.
 
J

Jack Mevorach, Esq.

Guest
Even without lease provision, you can take steps to remove dogs, on other grounds.

The type of notice you must send is dictated either by the lease, or by statute.

NY "Roommate Law" is that at least one unrelated person can live at premises. Decision is yours as to adding/dropping names from lease.

Tampering with electric meter may be criminal offense.

If lease requires snow removal and they don't do it, lease may entitle you to pay to have it done, and then bill that as additional rent.

If you like, phone for free consult.
 

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