Can A Tenant Be Asked to Move If The Rental Flat Is Required For A Family Member

By E-Renter Tenant Screening
Posted on November 21, 2006 under Landlord Tips | icon: commentBe the First to Comment

Consider the following scenario. You own an apartment in a rent controlled city, which is rented out to a tenant, who has been running a childcare business in your apartment. However, she is not doing a good job of it, as after the children arrive, she neglects them, doing nothing when they end up crying all day. Half an hour, before the parents are due to pick up their children, happy times are simulated by turning on some loud, peppy, feel-good music. Obviously, any landlord would like a tenant such as this one, to move out, especially if they have a son or daughter in sore need of rental accommodation. The question is, can a tenant in a rent controlled city be asked to move out, without letting her know it the childcare business that is driving you nuts. And, of course, the apartment is needed for personal requirements.

All in all, you are in a difficult situation, where the law must be followed to a T. Each ordinance of your state law deals or interprets the issue of an owner evicting a tenant for using the property for their own use or the use of a family member. However, whatever the phrasing of the tenant / landlord ordinance, what a landlord must remember is that as long as the tenant has a functioning lease, it must be honoured, no matter how urgently you or your family need the place for your own purposes.

The first thing to be done before taking any step is to check the rent control ordinance applicable to your state. Landlords and tenants residing either in New York City, Newark, San Francisco, or other cities with rent control laws in place, should read and understand the most recent copy of the state’s rent control ordinance, including other regulations, so as to keep themselves informed, as to what is permissible in the state, their rental property is located in. They can acquire a current copy by getting in touch with the local rent control board, or by contacting the mayor or city manager’s office.

On that cautionary note, another fair bit of advice, avoid expensive landlord / tenant litigation, by taking necessary precautions, such as, screening tenants and conducting background checks on prospective tenants. A simple click of the mouse and one can visit for tenant screening and background check services.

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