lease violation
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lease violation (by Lenni [PA]) Aug 4, 2009 7:25 PM
       lease violation (by AllyM [NJ]) Aug 4, 2009 8:07 PM
       lease violation (by Lenni [PA]) Aug 4, 2009 8:11 PM
       lease violation (by Virden [OH]) Aug 4, 2009 8:31 PM
       lease violation (by Lenni [PA]) Aug 4, 2009 8:35 PM
       lease violation (by MrRational [MD]) Aug 4, 2009 8:57 PM
       lease violation (by Lenni [PA]) Aug 4, 2009 9:11 PM
       lease violation (by Getty [GA]) Aug 5, 2009 12:29 AM
       lease violation (by proofstyle [PA]) Aug 5, 2009 3:55 AM
       lease violation (by billy [MA]) Aug 5, 2009 8:04 AM
       lease violation (by Ed [PA]) Aug 5, 2009 10:46 AM

lease violation (by Lenni [PA]) Posted on: Aug 4, 2009 7:25 PM

I have addressed this here before...tenant has paramour living with her, and paramour is not named on lease agreement (he came on later). --inconsiderate, nasty people, stepping all over me--alkies and probably otherwise users. There are now three cars taking up space in the driveway, but my agreement does not address vehicles...? She originally had one car.

I had approached her about five or six weeks ago with a 10-day notice to quit, for paramour living there unauthorized, but I ended up dropping it.

Question is: can I resume this at this point, and just go straight to the District Justice to file a complaint, for lease violation that has not been remedied following 10-day notice over a month ago?

I have many other complaints (unofficial) against them, like large dog crapping in my yard, loud noise, burning trash and leaving cans and glass behind, etc....not to mention possible illegal substance use and driving while drinking (as observed). It really hits home, since I live right next door to them, and they are stupid enough to flaunt this lifestyle right in front of me.

lease violation (by AllyM [NJ]) Posted on: Aug 4, 2009 8:07 PM

If you live in the same building and it is three units or less, I believe you can just send them a notice to quit the property and they have to go. If they don't go, you will have to get a lawyer and evict them.

lease violation (by Lenni [PA]) Posted on: Aug 4, 2009 8:11 PM

Are you sure? Pennsy is quite a bit different than NJ...never needed a lawyer for this sort of thing before. --small claims court.

lease violation (by Virden [OH]) Posted on: Aug 4, 2009 8:31 PM

I do not think you can assume intox driving unless you have the badge of peace officer, call them if in doubt, call an atty who knows your local and state laws before you end up with a charity case in your unit at the courts direction.

lease violation (by Lenni [PA]) Posted on: Aug 4, 2009 8:35 PM

I want to clarify: I am not intending to present drunkiness of possible illegal drug use in regards to the eviction process. That would be a separate matter, related to the police.

The original question was about the paramour whom she moved in, without my permission to have him on the lease.

lease violation (by MrRational [MD]) Posted on: Aug 4, 2009 8:57 PM

Lenni you need to commit to a decision. Follow the process and do what needed. Had you stuck with it before you would be done now.

Who's the boss? Lenni is the boss!


lease violation (by Lenni [PA]) Posted on: Aug 4, 2009 9:11 PM

--appreciate the push, MrRational, but do I need to re-send the 10-day notice to perform covenant or quit (since a month has lapsed)?

lease violation (by Getty [GA]) Posted on: Aug 5, 2009 12:29 AM

Lenni, you should always follow through on your actions. Posting a 10-day cure or quit notice in regards to the unauthorized tenant and then "dropping it" can spell legal trouble for you.

If you warn your tenant they are in violation of the lease and then you give them a cure or quit notice but do not follow through with the notice, one (your tenant) could argue that by allowing them to stay and continuing to collect rent sets the precedent that you have accepted the unauthorized tenant. While your tenant probably won't be smart enough to bring this argument, it's been done before and will be done again.

This is why I don't agree with cure or quit notices unless you are absolutely sure you are going to follow through. If you post a 10-day notice, be ready to file for eviction on the 11th day. Landlords get trigger happy with these notices, post and mail them, and then never follow through. If this issue goes to court, you will be questioned as to why you didn't follow through the first time, second time, and so on. All you need is a judge interpreting your failure to act on your own notice as your acceptance and you are so done for.

lease violation (by proofstyle [PA]) Posted on: Aug 5, 2009 3:55 AM

The extra days has not voided your notice. In fact, they may be a good thing. Your notice on the unauthorized occupant should have allowed 15 days to cure. The tenant has now had more than enough time. I would be standing outside the MDJ's office when they unlock the doors this morning.

lease violation (by billy [MA]) Posted on: Aug 5, 2009 8:04 AM

i would screen the new guy.if hes ok he can stay.otherwise he has to go or they all go.your agreement must address parking."parking is allowed for 1 car". i use month to month agreements for just these probloems.u can just toss them with no reason.i get them from mass rental housing u have a rental housing assn where u are?i just take the late might cost u 4 or 5 k to turn over the apt --208.58.x.xx

lease violation (by Ed [PA]) Posted on: Aug 5, 2009 10:46 AM

You do not need to send another notice. File with the DJ landlord/tenant complaint for eviction immediately.

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