Landlord vs. T. Tenant Incident Facts
T. Tenant signed a lease to occupy 28 W. Alleghany Apt#2600 on 11-01-2005. Two weeks into the lease, T. Tenant complained about the light dimmer switch getting warm when left on for over three hours and that the toilet was filling slowly. Landlord never received any complaint in writing from T. Tenant as said lease specifies necessary for maintenance repairs.
In month three, of said lease, T. Tenant complains once again about the dimmer switch and toilet needing repairs. Landlord gives T. Tenant notice that landlord and electrician will be entering said premise at 28 W. Alleghany Apt#2600 the next day, during normal business hours, to evaluate problems stated.
Upon arriving at 28 W. Alleghany Apt#2600, the landlord and electrician hear the TV on with the volume turned up but no one responds to numerous knocks on the door. Landlord uses the pass-key to enter the apartment.
Upon entering the landlord and electrician find a visitor asleep on the sofa amid left over food, garbage, bags of clothes and pornographic material playing on television.
Landlord and electrician go to work at evaluating problems stated. After a while the visitor wakes up and leaves, locking the door behind her with a key.
It takes the electrician approximately 2 hours to install the new dimmer switch which gives the landlord time to survey the apartment. Landlord becomes quite disgusted with the filthy conditions of the apartment. Due to the time in the apartment the landlord has to use the bathroom and finds more than just the tenants personal items inside as well as a kitty litter box.
The electrician finishes the install of the new dimmer switch and landlord and electrician decide to check the smoke detectors before leaving the apartment and find both of them have been disconnected. The electrician reconnects both of them and they both leave the apartment.
Upon reviewing the terms of the lease and rent payment history the landlord decides that it is necessary to evict the tenant upon the following grounds which are all terms for breaching of the said lease at 28 W. Alleghany Apt#2600.
A. Application for Rent, dated and signed by T. Tenant on 11-01-2005 specifically states that under “Proposed Occupants” that T. Tenant would be the only person residing at said apartment. See attached Exhibit 1A for confirmation of tenant’s handwriting and signed lease attached Exhibit 1B.
B. Application for Rent, dated and signed by T. Tenant on 11-01-2005 under “Proposed Occupants” T. Tenant confirms that there will be NO pets at said apartment. See attached Exhibit 1A for confirmation of tenant’s handwriting and signed lease attached Exhibit 1B.
C. Fixed Term Lease, dated and signed by T. Tenant on 11-01-2005, Item #3 Late Charges specifically states that if rent is not
