Exercise 5

Remedies Available to the Landlord

Landlord Tenant Exercise 5Jason Mann is renting an apartment from Queenie Rojo. Queenie is upset that Jason often leaves a big mess outside of his door. Queenie gives Jason a written 7-day notice, detailing the problems that she has with his mess in the hallway and the dates on which she saw the mess. Jason cleans up the mess right away and keeps the area clean. Eight months later, Jason begins to frequently play his radio loudly, in a way that is disturbing to the other apartment residents. Queenie gives Jason a second 7-day written notice, properly detailing the disturbance and how it violates his rental agreement, and stating that if he doesn’t desist within the seven days, she will terminate the agreement. Jason intends to keep the noise level down, but after 7 days have passed, he still plays the stereo loudly and has not vacated the apartment. Queenie files an action in court to regain possession of the apartment. Jason argues that Queenie cannot properly evict him.

How should the judge rule?

A. For Jason, because Queenie may not evict him on the basis of these two 7-day notices.
The correct answer is A. In order to terminate the rental agreement, a landlord must have given that tenant two 7-day notices within a six- month period. Although Queenie has given Jason two 7-day notices, they were within an eight-month period, not six.
B. For Queenie, because she has given Jason two proper 7-day notices and may now evict him.
Sorry, but that's not the correct answer. Please select another.