If I rented my house to 3 students for 1 year but they messed it up, how can I demand that they clean up the house and property and repair the damage?

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If I rented my house to 3 students for 1 year but they messed it up, how can I demand that they clean up the house and property and repair the damage?

Or can I demand that they leave the house if they refuse to do put the house back in good condition? They promised to keep the house in good condition but there was no lease, only an oral agreement.

Asked on January 29, 2016 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

1) There is a lease: an oral lease. Under an oral lease, they are month-to-month tenants. You may at any time give them 30 days notice terminating their tenancy. If they don't leave, you can file an eviction action to remove them.
2) Tenants may also be evicted for property damage (not for mess--actual damage).
3) A landlord may sue tenants for any repairs required to the property--i.e. you can sue for the cost of the repairs.
4) If you have a security deposit from them, when the tenancy is over, you can apply it to the cost of repairs.
You can send them the eviction notice, file the eviction cases, even file a lawsuit against them yourself in small claims court, but if you get the notices wrong, the case will be dismissed and you will have to start over. You are advised to retain an attorney to help you.
 


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