I had a party on the weekend. Unfortunately, my guests wrecked some of the furniture in my apartment building's foyer. Now my landlady has served me with a notice to leave my apartment in 14 days because of the damage. Can she do this when I did not do the damage myself?
Yes.
One of the obligations that you have as a tenant is not to do significant
damage to the premises nor to allow anyone else to do so. As these
people were your guests, you were responsible for their behaviour
while at or near the building. If this was an isolated incident,
and you object to the termination, you might convince the court
or your landlady not to terminate your tenancy on the condition
it will not happen again.
As
this is a 14-day notice to end the tenancy, you can serve a Notice
of Objection on your landlady. The notice must set out why you
object to the termination. Once you have served the notice, the
termination notice becomes void. If your landlady still wishes to
evict you for this reason, she will have to apply for a court order.
WARNING:
The contents of these FAQs are intended as general legal information
only.
If
you have a personal problem, please consult a lawyer.
November
2004
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