Landlord/tenant issue

So my brother is in a situation and Im curious to get some opinions. He and his GF have been renting a house. The lease is until November. They have always paid on time except for one month when they were very tight they didn't pay. The landlord said they would work it out as far as adding additional $ towards the end or something like that but they worked it out. All along I might add though that the landlord has had a few screws loose lol. She would become irate over things that made no sense and treat my brother horribly for no reason. Just an example, something had to be fixed in the house and my brother offered to have someone come and just send her the receipt (she lives out of state). She flipped out and sent him nasty texts that she will ONLY use her people and that my brother MUST make himself available when she says so. Let me add that he treated the place so well with making minor improvements and treating it like his own. Also he is very sweet and respectful as a person in general.

OK so fast forward to a few weeks ago. All of a sudden shes freaking out about the missed month and instead of the plan of spreading it out like originally agreed upon she wants it all like now. He said he would add $500 to this months rent as previously discussed and now thats not good enough. She is now threatening him really badly. Saying he needs to be out in 2 weeks and that her cousin is moving in and will be at the doorstep and that she has pitbulls that will be released into the yard etc...it nuts! He was never issued an official eviction notice. It is all through text. But she is saying that because of the missed month she has this right to kick him out. As of now he has nowhere to go and needs to stay to November. He cant find his lease (ugh!) but knows its until Nov 15th.

Can this crazy lady actually kick him out?? I told him to go to the police with her threatening texts and find out HIS rights.

Thoughts??

Landlord/tenant issue

No she cant kick him out. There is an eviction process that needs to be followed. She technically cant even remove his stuff from the house without his okay or she can be legally responsible. Shes just a nut. He may owe her the one month of rent but i find it hard to believe that she will be able to kick him out before Nov 15th.

Re: Landlord/tenant issue

If she really is moving her cousin in, then it can only be at the lease end, AND she must notify your brother in advance that she will not be renewing.
She can't randomly evict him, there is a process in housing court that must be followed.

That said, I'd be looking for a new place to get away from the psycho landlord. Not worth the stress wondering what she'll do next.

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Nope! And if she comes with pit bulls I'd call the cops.

Re: Landlord/tenant issue

The landlord must file proper eviction notice. It is now September so he should have this month plus October. Since he knows she wants it for family, I would make plans to vacate by the end of October.

Landlord/tenant issue

She'll have to evict him legally and the very minimum that will take AT LEAST 6 months!!!! He should start looking but he's fine, nothing will happen till at least March. NY is a tenant rights state. It is very hard to evict somebody from your house even if they don't pay at all.

Landlord/tenant issue

While yes, he can not be forced to leave the apartment until she formally evicts him, he did break the contract by not paying. It doesn't matter if he is paying it off monthly or whatever the verbal agreement they came up with. The contract was broken for non payment. In our lease, once the contract is broken we can ask the tenant to leave in 2 weeks. He should be fine for the next month of so but should leave by the end of his lease. Just because you can stay doesn't mean you should.

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I wouldn't tell him to wait until he's evicted. An eviction will show up on his credit report. He may have a hard time finding another place to rent.

Landlord/tenant issue

I once had a landlady who would not for the life of me fix anything. I waited years or months for her to do anything. I never was late and never ever not pay my rent even with all her bs.
I begged her to fix the fridge, I got technicians to fix it, the last one had said stop wasting your money. I bought a new fridge 1 year after begging her to, my milk, meat etc would go bad, my kids would be so upset. I took it out of the rent. she took me to court, the judge asked her if she lost her marbles.

We had a hurricane one year and one whole side of the yard the fence came down. 3 months after she sent someone to look at it. 3 years I was tired of pleading and fixed it and sent her the receipt and the balance of the rent.... again a judge asked her what was her crazy reasoning.

I finally bought my own house.

As long as your brother is in the right no judge will rule in her favor. She sounds like a lunatic.