Landlord Question and Answer Forum

I have a tenant who moved in last november on a 1 yr lease. In January i was informed by my son's pediatrician that he has lead poisoning and they alerted the health department who came to the house and did an inspection which proved that lead based paint materials were used in the construction of the home. We were ordered to remove the lead and submit the plans to them within 10 days of notice. In addition to that they referred us to an agency in their department that can assist with the funding for the removal. We notified the tenant of this and submitted an application for funding. The tenant does not want to comply with the health department requests and has stopped communicating with us. I am frustrated and want to cancel her lease. what can i do, my sons health is at risk.

When this person moved in, did you have them sign a lease? I am assuming this person rents the same house as a roommate with you? You may be able to start eviction proeceedings. I think if it were me, I would send nnotification in writing to them ASAP and make it Return Receipt Required so that they sign for it.

Posted by Denise S, PA on Sunday, March 21, 2010

Yes, she signed a 1yr lease. I rented her the 1st floor apt of my home and i'm on the 2nd floor. My lease states that she has to comply with all Gov't agencies orders, request, etc. She hasn't and is now in default. I planned on leaving the default notice on her door (take a picture of it) giving her 5 days to remedy the default. I'm scared that she'll deny receiving it if we get as far as to go to court so i think i'll just pay the city marshall to serve her instead because she will not collect the certified mail. She doesn't even remove her mails sometimes up to a week. Even the postman complains about it because she never answers her door. Thanks for the advise, i appreciate it.

Posted by Karrgitha W, PA on Sunday, March 21, 2010

That is probably the BEST idea as in CT: The Notice to Quit must be formally served. Service by a state marshal will satisfy this requirement. The fee charged by the state marshal for service is approximately $35.00 to $45.00. After the state marshal serves the Notice to Quit, the original will be returned to you, with the state marshal’s signature, indicating that service was made. This is known as the State Marshal’s Return of Service.

Posted by Denise S, PA on Monday, March 22, 2010

Thanks Denise. I contacted the State Marshall and will be visiting their office today to get the ball rolling. I will update the post on its progress.

Posted by Karrgitha W, PA on Monday, March 22, 2010