CA Tenant has not paid rent on move-in

[Boatin_Guy]

California

I took a deposit on a small house I was remodeling a few weeks ago. I gave them the keys at that point. I told them that plumbing and electrical would be finished but I would likely have to work around them after they moved in to finish door trim, baseboards, etc.

The Tenant was to move in the 1st and pay the rent. They avoided me on the 1st, Saturday, and did not show up. They showed up apparently on the 2nd, Sunday, in the evening and stayed overnight. I saw them on Monday the 3rd and they were going shopping for house items. They did not return that day and did not stay Monday the 3rd. They were to be there Tuesday the 4th and pay their rent. I was there all day and they apparently showed AFTER I left.

Now they say the house is UNINHABITABLE because of spiders and a couple of missing / broken windows. The windows are still boarded because it was a foreclosure and I did not want anyone breaking in until the Tenant moved in and took possession of the property.

The Inspector did a final inspection today and all plumbing, electrical and so on is working. There are a couple of missing / broken glass plates that I am replacing tomorrow, the 5th. They claim they have had to stay in a hotel and want "compensation" even though TODAY on the phone, at the end of the day, was the first time they complained of broken windows and spiders.

I think they have been avoiding me and do not have the rent and are making excuses. True, I have to (and I am) fixing the broken windows. If they refuse to pay rent on the 5th after the windows are fixed or they want unreasonable compensation (for a hotel, even though they did not notify me, I am willing to give them $20 per day the fair daily rental value of the property for four days) what can I do? Can I change the locks since they haven't paid rent at move-in? Do I give them a 3 day Notice? Demand the keys back and tell them to take their belongings? Thanks in advance!

 

[Searchertwin]

Post the three day notice. Send one by crr also to cover your tracks. They could say they never saw it. Do not offer them any money for hotel. Do not even mention it. Stick to point of them not paying rent.
Do not change locks, you already gave them the key. Do not make demands, keep it to the notification of the three day notice.

They have not sent you any crr letter stating the problems of spiders.
They haven't given you time to correct the problem. These are your defense against them screaming, "UNINHABITABLE".
You keep communication only by form of crr letters to them. I think you are going to need proof farther down the road.

Plus, I would do a walk-through with them and take pictures. Let them see you take pictures. Have them and you sign the paperwork.

 

[outabout]

Evict them for non payment.
In the future, screen the tenants better, do NOT sign a lease or give keys until the SD and first month rent is FULLY paid.
This site: Landlord Q & A Forum would provide great advice for LLs.

 

[Boatin_Guy]

Good advice guys. Yes, I was too accommodating with this Tenant. I should not have given them a key prior to move-in and payment of rent. That's what I get for not sticking to the rules. I suppose they could now legally stay without paying and I would have to evict them.

I am fixing the windows today the 5th and removing the boards. It is definitely habitable. A couple of household, harmless spiders doesn't make it uninhabitable. I am taking pics today with a newspaper in hand to show the date.

I have a 3 Day Notice to give to them tomorrow, the 6th. I will follow up with CCR letter. I don't have a problem giving them a couple of days credit, but I'm not paying for a hotel, especially since they avoided me and only told me of the windows / spider issue on the phone last night and not when they saw me Monday morning.

Keep the advice coming. Thanks.

 

[FarmerJ]

Tenants should have on discovery noted the conditions of the unit re the broken windows and refused to accept it like that but they failed to do so, they took occupancy , I wouldnt give them a dime for hotel either, I admit credit for a few days they could not use unit is nice but next time around NO keys or occupancy until a unit is ready to be lived in and all rents and deposits are paid in cash or certified cashiers check from YOUR bank, I say YOUR bank because your bank can give you a non cashable sample of a cashiers check so you know what they look like or to insist on cash since cash cannot bounce.