Landlord Question and Answer Forum

I have two tenants who has chosen to live in filth. The smell from their apartment permeates through the floors to the upstairs apartments, and they have the nerve to complain us treating roaches. Both tenants are on Social Security and on a month-to-month leases. Is there a notice-to-quit for filthy housekeeping?

You really can not tell someone how to live , but what you can do is see if it is a health hazzard , contact your board of health , does it offend other people? in the building , what does your rental agreement say about cleaniiness. On a month to month can't you give the tennants a eviction without cause . if it that bad . Sometimes it is very hard to get that smell out of a apartment , I know someone that had to rip out the sheetrock .

Posted by Donald G, MA on Tuesday, July 7, 2009

THAT"S GROSS!!!!! That said, you MUST get rid of these tenants. If the stench is permeating the other units, all of your other (good) tenants will be leaving soon and you will be unable to fill units with decent tenants. Your property will soon turn into a slum, with only bad tenants. I agree with Donald G - You really can’t tell someone how to live, but there should be something in your rental agmt stating they must take care of the unit &/or some thing about the right to peaceful enjoyment (for the other tenants), etc. Do as he suggested above, check on health hazard, code violations etc., then use a "perform or quit" type of notice, whatever is appropriate for your state. Quickest and easiest is, if allowed by your state, serve a 30 or 60 day notice to vacate, without cause, if at all possible. This way you do not have to prove a violation/need to remove them. You serve the notice, if they don't move, you file for eviction.

Posted by , CA on Tuesday, July 28, 2009

Once you've served the notice, make sure to inform any tenants that contact you to complain, after delivery of the notice, that while you cannot discuss personal details of another tenant, you are dealing with the situation and that it will be taken care of within the next 30 or 60 days (notice period). Then request them to be patient. Let them know you understand their desire to have an odor free living environment and that you are doing your best within the law to resolve the issue.

Posted by , CA on Tuesday, July 28, 2009

There should be a clause in your lease that says (hopefully you have a lease) that says that he residence must remain in a clean , habitable, condition at all times. I believe you can tell someone how to take care of the property that they do not own. I do believe if they are month to month then you only need to give them 30-60 day notice. In the meantime get an exterminator in there which gives you a reason to go in and see the apartment and if there is anything in there illegal or anything violating a health code which disturbs the peaceful and enjoyment of living on the premise you may have reason to file the notice to vacate or proceed with a forceful eviction. Take LOTS of pictures and get statements from the other tenants of their complaints, don't just take the verbal. Make sure you can document to the day and time of each complaint. Try and research what your state statutes are in these matters.

Posted by Brian C, NJ on Wednesday, July 29, 2009