Do I have to have a reason to evict a tenant ?: I have a tenant who is always late on rent, has too much drama and lies to me. If I send her a sixty day notice, will she have to move ?
Paula’s answer:
The contract determines if you can terminate the lease without cause.
Oftentimes, leases have an early termination agreement.
Otherwise, you have to give the proper notice to nonrenew near the end of the lease.
The exception is if the tenant defaults on the lease. The most common default is failure to pay rent when due. You said the tenant never pays rent on time. So, if the rent is due on the 1st, you can give her a 3 business day notice to pay or quit. If she doesn't pay by the 3rd business day, you can file for an eviction. However, once you pass the third business day, you cannot accept rent.
Will landlord be required to replace or repair existing leaking bathtub or can he just say too bad, use the shower?: Existing bathtub has jacuzzi jets and critters must have gotten in somehow to chew through the plastic tubing to all the jets. Bath tub will leak and flood below once water reaches jet height. Landlord says he is not going to fix it and use the shower. This house was leased with a working bathtub. I don't care about the jacuzzi, but my daughters and wife should have a working bath tub.
Paula’s answer:
Normally, if an appliance or structure is there when the lease starts, the landlord has the obligation to keep it in good repair.
You can't withhold rent for his failure to repair, but you can seek estimates for repair or replacement and tell him if he doesn't repair it. Yes, if it is not too expensive you can repair it, pay for it, and demand a decrease in your next rent payment. In the alternative, you can take him to superior court and force him to repair it.
The AC unit need to replacement but, landlord disagree to pay for it. : I unit was 15 years old. Have alot of problem. As a tentant we keep maintain and minor fix as the lease agreement. But, this is a whole unit replacement. The landlord wont agree to pay for it.
Paula’s answer:
If you are a residential tenant, you have two options:
(1) file an equity action in Superior Court to force a repair and damages;
(2) seek only damages in state or magistrate court, depending on your damages;
(3) hire a lawyer to first write a demand letter and then sue.
As a residential tenant, the landlord has the duty to keep the premises in good repair.
That includes keep the a/c on if there was a/c when you moved into the unit.