What I would do is hire a good real estate attorney TOMORROW! Explain the situation to her and find out what is likely to happen in court. Pets do not mean a pest infestation. I have dozens of tenants with pets and don find any correlation between pets and pest infestations. While you are talking to the attorney, get answers to any other questions you have, such as tenant landlord law, eviction proceedings, etc.
You are trying to make the landlord the bully here for coming into the apartment. The real problem here is you. So why not stop trying to blame someone else?
And I don understand why she wants to live there if she thinks I such a bad landlord.
the truth and hope for the best.
You have put yourself in a very bad position. I don know what the laws in your state are, and apparently neither do you. If you are serious about being a landlord, then you MUST learn your state/local laws and follow them. It is just pointless to enter your tenant apartment without giving notice. All you have done is hand your opponent ammunition with which to shoot you. This is a self inflicted wound and you have good reason to be worried. I would strongly suggest that you get a good real estate attorney TOMORROW to help you with the eviction and advise you what to expect. You should also join your local REIA and make friends with the SUCCESSFUL landlords in your area. Make friends with these successful investors and spend a lot of time LISTENING!
Originally posted by "anna":This thing started because the neighbor upstairs complained about my dog barking.
what state are you in? Check your local laws. Also, don forget that you broke the lease by having a dog.
and to exhibit the unit to prospective purchasers, mortagees and tenants.
A tenant having a dog is a very small issue in the rental property business. It is nothing compared to the occassional insane tenant or the occassional drug dealer from hell. It takes a little time to get accustomed to dealing with the scum of the earth that occassionally will end up in your rentals. However, if you learn the ropes and know the law, it does get easier over time. The problems don go away, but you will get numb to the nonsense.
I have an eviction court date next week because I gave my tenant 30 days notice and she refuses to move. She says what I did was illegal and that she has rights. I am worried sick that the judge is going rule in her favor because I did enter her apartment without giving notice. Not that it is any excuse, but I am a first time LL. She is my first tenant and it has been hell.
We have a month to month lease and I was given notice to move in January. This thing started because the neighbor upstairs complained about my dog barking. I stopped payment on the rent check but made good on the check after I got a 7 day vacate notice. As soon as the LL got the money I was served with an official state form giving me 30 day notice. I don want to move and the LL refused to take my check for this month rent. Will the court let me keep living here because the LL entered illegally?
In a practical sense, you better off finding another place to live than insisting that you stay somewhere where you and the landlord have an adversarial relationship. You don need the smudge on your credit report and landlord history, and if you were my tenant and caused me court/eviction costs, I would do everything within the bounds of the law to make sure another landlord doesn have to deal with a problem tenant.
Originally posted by "anna":We have a month to month lease and I was given notice to move in January. This thing started because the neighbor upstairs complained about my dog barking. I stopped payment on the rent check but made good on the check after I got a 7 day vacate notice. As soon as the LL got the money I was served with an official state form giving me 30 day notice. I don want to move and the LL refused to take my check for this month rent. Will the court let me keep living here because the LL entered illegally?
landlord's illegal entry now wants to evict me
We have a month to month lease and I have been trying to get her out of there since early January. She stopped payment on her rent check but piad when she received the 7day quit notice. I immediately filed the state form for 30 day notice and she should have moved on the 1st but hasn She says she see me in court.
Remember, Law and Order is a tv show, not a pre law course.
I didn want to deceive anyone, but wanted to get a feel for what others thought of my bizarre situation. And yes, my tenant sees herself as the victim. My main objective is getting her out of there ASAP before I have a roach or rodent problem.
I not sure what she has to gain. Surely the judge wouldn allow her to live there if she refuses to move per the lease. Would he/she?
Actually, I am the landlord who illegally entered my tenant apartment because I suspected that multiple animals were living there. I saw no signs of animals but many food bowls and multiple litter boxes. But then I didn go into the bedroom and there were no working lightbulbs in the basement so I could not see if an cats were down there.
have you evicted. Why should a tenant who abides by the terms of the lease have to put up with your dog?
The reason I entered was because when I went to pick up the rent check the community enclosed front porch reeked of animal urine. When I entered the unit the place was trashed, the carpeting looked like dandelion puffs from cats tearing at it and the place was utterly filty Nike Air Force Women with a huge plate of meat sitting on the kitchen floor.
You are acting like a victim here. However, the real victim would be your upstairs neighbor who has to put up with a barking dog in a building where there shouldn't be one. If you were one of my tenants I would have given you the choice of getting rid of the pet or leaving and, if necessary I would Nike Air Force 1 Mid 07 Lv8
Landlord Tenant laws vary from municipality to municipality. Most laws say 24hr written notice in advance, or within 48 hrs of entry if there is a matter of urgency or emergency.
I just hope the penalty isn too severe.
My lease doesn say anything about notice just that I may enter the premises during reasonable hours for the following purposes: to inspect to see if the tenant is complying with this agreement, to make repairs, Nike Air Force 1 Black High On Feet
The odor from the porch was so strong that the upstairs tenant, who has only lived there for less than two months, had to burn incense in her apartment because of the odor. And yes, she says the lower tenant had a dog there that barked for two weeks straight.
If your landlord really came in illegally, you might have some negotiating leverage, but you should be prepared to get rid of the dog (and pay for any damages the dog may have caused).
and the neighbor across the street saw me enter the unit. I am not going to deny it to the judge and will tell Air Force 1 Shoes Low Top
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