QUESTION
Can my parents give her 30-day notice with no concern?
Asked on Dec 12th, 2012 on Landlord and Tenant Law - North Carolina
More details to this question:
I live across the street from my parents. Parents are renting out Granny Flat to a person with medium- sized dog. My dog was out, ran and attacked this person’s dog. I have paid all the Vet bills and she is now coming to me for more money. In the meantime, we have a family member moving back from another state and my parents want to evict the current tenant to have that family member move in, now since this (dog) thing happened between my parent’s tenant and me. My parents are scared and concerned that this tenant will think the eviction is due the dog attack and try to fight the eviction. Tenant has been living there for four months and it's month to month. Thank you for your time.
8 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Give the tenant a 30 notice to quit. The dog incident is irrelevant to the tenancy.
Answered on Dec 17th, 2012 at 1:18 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. The tenant could claim retaliatory eviction because of the claim she is proceeding with against you. I strongly suggest that you contact an experienced landlord/tenant attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Dec 14th, 2012 at 10:52 PM
A 30 day notice to terminate can be given at any time and no reason for the termination need be given. Even if the tenant decides to fight the eviction it can only delay matters for 6-8 weeks.
Answered on Dec 14th, 2012 at 12:19 PM
Lisa Hurtado McDonnell
They just need to give 30 days notice and they don't have to give a reason. As for the dog's situation, if paid all the medical bills, then you are not obligated to pay anymore.
Answered on Dec 14th, 2012 at 12:16 PM
Kevin Elliott Parks
While these are two separate issues, the potential for them to become intertwined is nevertheless apparent. Initially, it's unclear what your individual liability may be to this tenant due to the dog incident. You should likely consult with an attorney regarding her demand(s) for money, as it's unclear what your liability may be and In regards to the tenancy, your parents (the landlords) should likely be able to properly evict this tenant using a 30 day no cause eviction notice. While the tenant may try to defend against the eviction by alleging retaliation, which is her right to do, that defense seems unlikely to be successful in this situation.
Answered on Dec 14th, 2012 at 11:49 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Your parents can give the 30-day notice. I cannot say that it will be with no concerns. I don't see how the dog incident goes one way or the other. As long as they are not evicting the tenant because she is a member of a protected class, the eviction should not be a problem.
Answered on Dec 14th, 2012 at 11:49 AM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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If the lease is month to month...all they have to do is give notice to terminate. She may fight it no matter the reason. You parents will need to go and get a Court order. In any event they will win as long as they give notice. A Court will not force a landlord to keep a tenant indefinitely, without a lease with a specific term in it, she has not right to long term residency there. In fact the dog issue may help as the landlord have a reasonable reason to fear a dog that has attacked.
Answered on Dec 14th, 2012 at 11:48 AM
Generally speaking on a month to month, no "cause" is needed to terminate tenancy if proper 30 day notice is given. If she refuses to move and your parents are forced to file an Unlawful detained action to get her evicted, of course she can fight it and claim retaliatory eviction, but a Judge would probably rule against her if proper procedure is followed to end the tenancy.
Answered on Dec 14th, 2012 at 11:48 AM