Rent deductions

[LdiJ]

Well their lease was over last September and can't kick them out now for six months since it would be retaliatory.

Is there a reason why you would want to kick them out? Other than this mold problem, have they been good or bad tenants? They can give you notice themselves. Would the time and cost involved to get new tenants be less than what they want from you? I don't know if it would be less or would be more. I am simply telling you that you need to weigh all of the pros and cons of the situation to make sure that whatever decision you make is the most cost effective.

For example, if you tell them to stuff it and they immediately give you 30 days notice, and you immediately get a new tenant in there, then that is one thing. However, if you tell them to stuff it and they immediately give notice, and it takes you six months to get another tenant, what really was the cost of telling them to stuff it?

However, if they are somebody that has been a problem tenant all along, then maybe you want to tell them to stuff it and hope that they leave. On the other hand, if they don't leave, and sue you, then who is likely to prevail?

Weigh all the pros and cons. Generally, some sort of compromise is going to be in the best interest of all parties.

 

[tr2013]

Is there a reason why you would want to kick them out? Other than this mold problem, have they been good or bad tenants? They can give you notice themselves. Would the time and cost involved to get new tenants be less than what they want from you? I don't know if it would be less or would be more. I am simply telling you that you need to weigh all of the pros and cons of the situation to make sure that whatever decision you make is the most cost effective.

For example, if you tell them to stuff it and they immediately give you 30 days notice, and you immediately get a new tenant in there, then that is one thing. However, if you tell them to stuff it and they immediately give notice, and it takes you six months to get another tenant, what really was the cost of telling them to stuff it?

However, if they are somebody that has been a problem tenant all along, then maybe you want to tell them to stuff it and hope that they leave. On the other hand, if they don't leave, and sue you, then who is likely to prevail?

Weigh all the pros and cons. Generally, some sort of compromise is going to be in the best interest of all parties.

There is a lot of stuff before the mold. They share a common driveway with two other tenants.
So i guess it would be complaints from neighbors due to smoking in the common area and getting into the other tenant's kids room. Driving fast through the driveway when people are around etc.

I don't mind them actually. Although the previous manager/family member wants them out.

Its actually easy to rent this place and usually has someone waiting to rent it. Come to think about maybe the rent is too low.

 

[STEPHAN]

According to the previous person who was managing it, he said that the inspector said it was dangerous.

If the mold would have been really dangerous, the inspector would have reported it and everybody would have left the house right away.

 

[tr2013]

If the mold would have been really dangerous, the inspector would have reported it and everybody would have left the house right away.

Inspector told them that they shouldn't use the kitchen.

 

[STEPHAN]

Too much hearsay. Offer compensation once you have all the documents in writing.

 

[BL]

Inspector told them that they shouldn't use the kitchen.

If the tenants have a copy of the report ,request one from the tenant. If not obtain one from the inspectors office.

This may/may not be used against you , even though you pd. for everything re: the mold issue.

Weigh your options .30 % may not be out of line given the time period depending on the report and what test and inspectors report it's from.

What proof do you have they used the kitchen in this time period?

 

[Zigner]

WHO hired the inspector? I still haven't seen anything saying that the inspector found dangerous mold.

 

[tr2013]

WHO hired the inspector? I still haven't seen anything saying that the inspector found dangerous mold.

Tenant hired the inspector, i will get the more written details on that.

 

[LdiJ]

WHO hired the inspector? I still haven't seen anything saying that the inspector found dangerous mold.

Well, the OP did say that the inspector said to NOT use the kitchen. That would be an indication that the mold was dangerous. 19 days to rectify the problem was pushing the envelope a bit as well. I just don't see this as being a slam dunk for the landlord...nor for the tenant...but that uncertainty is the whole reason why I think that the pros and cons need to be seriously weighed.

 

[TigerD]

In California it is cheaper to pay them than evict them.

I had a leak in a rental property of mine in October. We discovered that ground water was coming up between the floor and the foundation during an intense couple days of rain. My tenants were unable to use the basement while it dried and then it got wet again on the next storm. I removed all the basement walls, jackhammered concrete and put in a sump pump - then we rebuilt the walls and installed new carpet. I refunded the entire month's rent for my tenants and gave them a gift card to a local steakhouse. It was the right thing to do.



As an aside - OP, you are taking over a business for which you do not have a basis of knowledge.

Go join a landlord organization. Find a good local landlord tenant attorney and spend a few dollars getting a primer on the legal aspects you should know.

DC

 

[tr2013]

Well we finally got the problem tenant out. It took giving free rent but it did require them to forfeit the deposit.
The court order reads like this:

Defendant agrees to vacate on or before March 31, 2015. Defendant holds plaintiff harmless for any issues regarding this tenancy. Defendant waive all claims against plaintiff and waives right to security deposit held by plaintiff. Defendant agrees to leave premises in the same condition it was in at moved in except reasonable wear and tear. Plaintiff reserves right to hold defendant liable for property damage and repairs beyond reasonable wear and tear. If defendant vacates by 3/31/15, judgement vacated and case dismissed at #### on 4/17/15.


Our lawyer said this was the best way to do it since it cost only a little to get rid of problematic tenants.

My question is that they left the house unpainted. They painted the walls green and blue. They lived there for 1.5 years til move out date. Swastikas were painted in the garage and one door was damaged like someone kicked it in. Other than that i was surprised they cleaned up when they left.

So can i go after them for damages during 4/17/15 ? Will this be on their record even though it will be dismissed?

 

[STEPHAN]

Why do you not ask your lawyer?

 

[BL]

Why didn't you inspect the property before they were gone, ?

The order reserves your rights for damages beyond normal wear n tear.

 

[tr2013]

Why didn't you inspect the property before they were gone, ?

The order reserves your rights for damages beyond normal wear n tear.

I did and told the tenant about it. Tenant said it wasn't her responsibility and to take her to court than.

My question is on the day of the dismissal, can i bring it up to the judge at that time? Or is it a separate process on a different day?

 

[tr2013]

Why do you not ask your lawyer?

Because this forum is the best