Does anyone own a two family home and rent the other floor?

[lukenick1]

We have some some tenants that we are not happy with. Its a member of my family but there has been a huge blowout between us that cannot be repaired and I want her out. Does anyone know how to raise their rent or how to evict them? They do not have a lease, its month to month. They have 4 cats, 2 dogs, 3 adults,and one child living in a 2 bedroom apartment. They are now considering having another child. Isn't it illegal to have that many people in that size apartment?? We allowed who is there now in the contract but adding another family member is not allowed. We have never owned before and don't know how this works. IM tired of being taken advantage of.
Thanks for any help.

 

[barkley]

check the CURRENT landlord tenant laws in your city/county/state.

i say CURRENT b/c the new year has brought new laws in some places which can greatly impact your legal rights and obligations-my neighbor's just learned that the home they own and rent out in another state which has operated on a month to month tenancy under which they previously had the right to simply give 30 days notice to their tenant to move, has now become subject to a new law effective 1/1/10-b/c their tenant has rented over one year, while the tenant may give only 30 days notice to move, the homeowner/landlord must give a minimum of 60.

raising the rent depends on the laws as well-in some states it can only go up a certain amount (and if a senior citizen lives there it can be restricted further).

BE VERY CAREFUL of evicting on any basis that involves children or household size-the fair housing act is very damning with issues of what can be perceived as discrimination involving children/families.

 

[golfgal]

I was going to say the same thing, you give them notice just like they would give you notice that they have to move out. Now, getting them to actually DO that is another issue. There are actual steps you have to follow to evict someone (which is different than giving them notice to move out).

 

[tuckerkeys]

I don't know what your state laws are but in NJ when the house-apt-duplex is owner occupied like what you have the law is more in the landlords favor then the tenants.

In NJ owner occupied houses do not need a reason to evict. You'd just need to send a certified letter along with a regular mail letter and I'd also put one on their door giving them 30 day notice to vacate.

In NJ if they gave you a security deposit they can use this for the last months rent IF you did not put this into an escrow account listing BOTH your name and their name.

I'd send them a 30 day notice to vacate, then after 2 weeks another one with a countdown to lock out. If after 30 days they have NOT left then legally you can order a lock out and change the locks even if their stuff is inside. It will then be their responsibility to gain access to their stuff with police present usually....

Please keep in mind that everything you send to them should be cert. mail return receipt so if you need to go to small claims court you can prove dates and notices etc. Just taking to the door in court is not legal. They'll say they never got it. Good Luck!!!