I'm giving my tentant her 30 days notice to vacat on her first day!!!

[mschefv]

What is the name of your state? CA
Hello, I am the owner of a 2 bedroom condo in Ca. I have recently rented out a MONTH to MONTH lease for my second bedroom to a new tenant. The lease started as of yesterday Feb 1st. To be more accommodating, I allowed her to begin moving in her things starting about 2 weeks ago. She has brought an excessive amount of things for renting only a room from me (a piano, two large wine racks, a full patio set, numerous large boxes, dressers {one of which is blocking my hallway entrance as we speak with no where to go} just to name a few. Things are piled up the ceiling. In addition, I went into the kitchen yesterday and found she had removed my belongs from one of the drawers, left my items on the stove, and had put her things in the drawer instead. THEN, I walk into the downstairs bathroom where she had taken both the bottom cabinet doors off their hinges, removed the doors, removed all the cleaning supplies I had in there, dumped the supplies behind the toilet and put her cat box where the cleaning supplies had been, filled her cat box with OUR cat litter and spilled it all over the floor and didn't clean it up! ALL this of course without asking first! Our lease that we had her sign is a month to month, and also has a paragraph in it that states " Tenant [agrees to]....not make any alterations thereon without written consent of the landlord". To us, taking apart our vanity constitutes as an alteration!
I am just so upset because we really have been so easy going and accommadating to her and she has just turned out to be so inconsiderate and unreasonable.
My question is, do I have the right to already be giving her a 30 notice to vacate??? Thanks! p.s. We only got first and last from her with no security deposit. Thanks

 

[Alaska landlord]

Check with your tenant landlord act but most likely yes, if it calls for a 30 day notice. Don't be too supprised if she refuses to leave and will wait out an eviction.

Next time screen your tenant well and always get a security deposit. Having a property manager rent your unit would have saved you lots of aggrevation, time and money.

 

[CourtClerk]

You can tender 30 day notice after her first hour if you want to, but I would suggest that you go in and take pictures of the alterations of your property that you are claiming that she made and the mess that's all over the place.

 

[phase08]

Wow. I’ll let the experts address the legalities but I’m curious as to why you allowed her to bring all this stuff in (piano, etc.) when she is just renting a room. Were you not home when she moved in? And you say “we” – you and who else? Yes, you were too accommodating. Did you advertise to find her?

Taking things out of your drawer takes nerve, and clearly she has it. I think you should take HER stuff out of that drawer, put them in a box, firmly tell her not to ever remove your possessions from anyplace, and to clean up after helself. Better yet, type a note.ltr, keep a copy. Start a paper trail. IMO she’s taking over your home and I agree with other poster that she’ll be tough to kick out. But the sooner the better.

Meanwhile it'll be a tense situation. Sorry.

 

[JETX]

do I have the right to already be giving her a 30 notice to vacate?

Actually, the notice you want to give is called a 'Notice to Terminate Tenancy', as you are simply exercising your right to not renew the monthly tenancy.
Here is a link to a form you can use:
http://www.evictionlaw.com/files/30-DAY_NOTICE_TO_TERMINATE_TENANCY.pdf

We only got first and last from her with no security deposit.

Then you likely will have a problem. In return for her leaving on the date required, I suggest you offer to give her the 'last month' rent back on the day she leaves (less any unpaid rent if she stays over). Also, without a security (damage) deposit, you have no right to hold her 'unearned' rent, but will have to pursue your damage claim in court.

Finally, I suggest you do NOT sign any additional leases without your knowing your state landlord-tenant laws.

 

[mschefv]

Details**************...

Hi,
Thanks for all the advice. My husband is currently deployed for the war, so while he does own the house as well and is on the lease as a landlord, I'm really the only one that would have had to live with her. In terms of the stuff she's brought, I was being naive and too nice, I let her bring the piano as is fit in the dining area, and was okay with the wine racks, but that was it! I literally came back from a trip I had been on for 3 days on the first (yesterday) to find the house the way it was, more stuff, and of course the dishevelment and destruction of my bathroom! I'm also hesitant because her dad is a JUDGE of all things!!!!
Live and learn, no more miss nice landlord, in fact, no more roommates! Thanks again, I just wanted to make sure I did have the right to give her the 30 days notice. p.s. Have taken pics of everything just in case.

 

[applecruncher]

Check with your tenant landlord act but most likely yes, if it calls for a 30 day notice. Don't be too supprised if she refuses to leave and will wait out an eviction.

Next time screen your tenant well and always get a security deposit. Having a property manager rent your unit would have saved you lots of aggrevation, time and money.

Bingo.
About ten yrs ago my dear uncle decided to rent out rooms and garage space after his wife died (he had a very large house). One couldn't ask for a nicer landlord. But he was too trusting and never once checked people out. (credit ck, employment verification, outstanding warrants, references). I hate to say this but lots of people who rent rooms (vs. apts) can't pass those tests.

What a mess. For 3 yrs his life was turned topsy-turvy. Late rents, failure to pay, promises, sob stories, unsavory visitors, police calls re: fighting and stealing. Police arrested one guy who was on the lam (parole violation) Uncle spent a lot of time and money on evictions and my cousins feared for his safety.

Fortunately he was able to sell the house. Renting out part of one's home is tricky business, even if you think you know the oerson very well. With strangers you don't know what you're getting.

Good luck getting rid of this tenant, mschefy.

 

[Alaska landlord]

Something to keep in mind. When renting always keep in mind the profession the renter is in and whether or not he or she can manipulate the system in their favor. You are knee deep in crap and may need an attorney to get you out. If her father has connections or favors owed, you may be screwed big time. It may just be that you may have to resort to making her life so miserable that she will leave on her own accord.

 

[phase08]

hmmm, excuse the pun but the piano might play an instrumental role in the miserable part.

Mschefy, you're gonna have to learn some things the hard way. Being "nice" and accommodating to this person got you in a pickle. Anyone who ever thinks they might want to be a landlord should rent the movie "Pacific Heights" with Michael Keaton. Those who have seen it will know exactly what I'm talking about.