Landlord rights for Early termination of Lease??

[deeds1115]

Arizona

I have a tenant that has been in our property for almost 2 years. (Lease ends in November).

There have been a lot of plumbing problems/repairs recently and the lease specifies that the tenant use home warranty for repairs and is responsible for the service call. Due to the frequency of issues i will, on occasion offer to pay for the call fee, or send out a handyman at our expense.

The most recent problem has been electrical and i am told that the tenants have every outlet overloaded with extension cords and multiple devices, and that it is going to be difficult to do any exploratory work to assess and fix the issue due to all of the tenant's clutter (the home is over 50 years old, in original condition and without a proper access/control panel (?). While i am doing everything in good faith to uphold my obligations regarding maintaing essential services (we are in az, so electrical not working properly, is a huge concern because of the heat), they are now asking for alternate accommodations in the interim (this is a very modest rental that brings in only $650 monthly).

We would like to terminate the lease early as i feel these issues need to be addressed in full as opposed to bi-weekly fire drills.


Due to the state of the property (overstuffed, not clean, and being poorly maintained by the tenant--as reported by my handyman-- and the frequency of drama from the tenants (multiple calls to me, before attempting to call home warranty, MULTIPLE late payments--9 of the first 13 months--while not paying late fees, etc) i would like to know my rights regarding what my obligations are with regard to providing alternate accommodations and the best way to go about this early termination.

*Also of note, i waived the security deposit as a COURTESY, since they moved into the property without requesting improvements, so we have no recourse should they leave all of the debris and clutter behind for me to clear out. To add the expense of additional housing would really cause a hardship financially...

 

[LillianX]

Just so we're clear here, are you saying that your lease specifies that the tenant is responsible for the call fees of whomever it is that comes out to fix an issue, but that you occasionally pay them since it happens so frequently?

 

[Who's Liable?]

Arizona

I have a tenant that has been in our property for almost 2 years. (Lease ends in November).

The most recent problem has been electrical and i am told that the tenants have every outlet overloaded with extension cords and multiple devices, and that it is going to be difficult to do any exploratory work to assess and fix the issue due to all of the tenant's clutter (the home is over 50 years old, in original condition and without a proper access/control panel (?).

Has ANY electrical work been done to the residence since it has been in your possession? if not, than the existing conditions are grandfathered in and meet code at the time of inspection. If ANY work has been done since however, it would have had to meet existing local codes at the time of work completion.

While i am doing everything in good faith to uphold my obligations regarding maintaing essential services (we are in az, so electrical not working properly, is a huge concern because of the heat), they are now asking for alternate accommodations in the interim (this is a very modest rental that brings in only $650 monthly).

You are not required to provide alternate accommodations UNLESS the work done would severely impact their right to quite enjoyment, and the definition of "severe" in AZ is decided on by a judge in most cases.

We would like to terminate the lease early as i feel these issues need to be addressed in full as opposed to bi-weekly fire drills.

Probably a smart idea.

Due to the state of the property (overstuffed, not clean, and being poorly maintained by the tenant--as reported by my handyman-- and the frequency of drama from the tenants (multiple calls to me, before attempting to call home warranty, MULTIPLE late payments--9 of the first 13 months--while not paying late fees, etc) i would like to know my rights regarding what my obligations are with regard to providing alternate accommodations and the best way to go about this early termination.

It is your own fault for allowing the tenant to walk all over you, and you may have done yourself more harm than good in front of a judge who may deem you set a precedent by allowing the tenants actions.

*Also of note, i waived the security deposit as a COURTESY, since they moved into the property without requesting improvements, so we have no recourse should they leave all of the debris and clutter behind for me to clear out. To add the expense of additional housing would really cause a hardship financially...

That is what SD are for!

You can only terminate a lease early for two instances: breach of lease by the tenant or buyout.

You can offer to pay the tenant to leave early, wait for a breach, or you will need to wait for their lease to end so you can not re-new it then.

 

[deeds1115]

Just so we're clear here, are you saying that your lease specifies that the tenant is responsible for the call fees of whomever it is that comes out to fix an issue, but that you occasionally pay them since it happens so frequently?

Yes. Because the property was in original condition i have taken care of issues that came up because they were not necessarily caused by the tenants, but more due to age of the property (ie: roofing issues that had gotten worse during their lease time, but were already noted at time of purchase (nothing that affected their ability to use the property) certain cracking on the walls etc. and there has been some ongoing plumbing issues that may be due to tree roots...i have sent my handyman out also to repair issues with a sink that was installed by him...(sink was returned to store due to defect)

 

[LillianX]

That's an unenforceable clause in your lease. You can't have a clause in the lease that is contrary to the state law. In Arizona, the landlord is responsible for all costs related to repair of plumbing, electricity, etc. Any claims by you to a court related to this, including them calling you, instead of the warranty company wouldn't be heard by a judge at all. You can't use this part when trying to evict them.

 

[deeds1115]

No. No electrical has been done.
The handyman said that there is no way that he will be able to do major repairs (opening walls/ceilings to inspect wiring) with all of the clutter in the home. I was told that they have almost every outlet loaded with extension cords and multiple plugs.


FWIW I waived the SD because the tenant did not request any updating of the kitchen appliances (original 50's stove/cabinets/sink etc.) which i had originally planned on replacing. They also were ok with using the evap cooler instead of installing a new a/c because it kept their utility costs down. Had i done those things prior to move in, my original rental asking price would have been higher rent to offset the expense.

 

[deeds1115]

Don't want to evict, exactly

That's an unenforceable clause in your lease. You can't have a clause in the lease that is contrary to the state law. In Arizona, the landlord is responsible for all costs related to repair of plumbing, electricity, etc. Any claims by you to a court related to this, including them calling you, instead of the warranty company wouldn't be heard by a judge at all. You can't use this part when trying to evict them.

I'm not necessarily wanting to evict, so much as getting them to agree to tterminate the lease early

thanks for your responses!

 

[LillianX]

Your best option is to offer them a financial incentive to move. It doesn't sound to me like you have grounds to evict them.

 

[xylene]

I'm not necessarily wanting to evict, so much as getting them to agree to tterminate the lease early

thanks for your responses!

Negotiate truthfully - the building is failling apart... then

Offer them cash money.
and / or
Offer them a partial waiver from the damage claims.
and / or
Offer to pay for a mover and new household expenses.

None of that sounds hard.

Is sounds like you want a 'soft' eviction - aka one where the tenant is forced out but you don't have to deal with court and / or pay them off.

I'm sorry that this isn't some ultra lucrative cash cow place, but you are not exactly sinking the ship with costs. At 650 you have ROI...

 

[deeds1115]

Your best option is to offer them a financial incentive to move. It doesn't sound to me like you have grounds to evict them.

is there some sort of guideline as to what an appropriate amount would be?
also, i am very concerned that when they move out (whether it be now or at the end of their lease) that the property will not be anywhere close to the condition it was when it was rented (with regard to removal of debris, garbage, being clean, etc.) so i am going to end up with a large expense for cleaning (yes, my own fault, i know...)

 

[LillianX]

is there some sort of guideline as to what an appropriate amount would be?
also, i am very concerned that when they move out (whether it be now or at the end of their lease) that the property will not be anywhere close to the condition it was when it was rented (with regard to removal of debris, garbage, being clean, etc.) so i am going to end up with a large expense for cleaning (yes, my own fault, i know...)

It's completely up to you what to offer. Even if you didn't get a security deposit, they're still required to leave the place in the same condition they found it. If they won't do so, you can sue them in small claims court. Expect to be countersued for any repair costs they paid while they were living there.

 

[xylene]

also, i am very concerned that when they move out (whether it be now or at the end of their lease) that the property will not be anywhere close to the condition it was when it was rented (with regard to removal of debris, garbage, being clean, etc.) so i am going to end up with a large expense for cleaning (yes, my own fault, i know...)

A contractor can handle such things.

Do you want them to hem and haw or do you want these lousy tenants gone?

I mean you say your goal is to renovate the house... You really don't need to clean stem to stern first...

 

[deeds1115]

Negotiate truthfully - the building is failling apart... then

Offer them cash money.
and / or
Offer them a partial waiver from the damage claims.
and / or
Offer to pay for a mover and new household expenses.

None of that sounds hard.

Is sounds like you want a 'soft' eviction - aka one where the tenant is forced out but you don't have to deal with court and / or pay them off.

I'm sorry that this isn't some ultra lucrative cash cow place, but you are not exactly sinking the ship with costs. At 650 you have ROI...

There is hardly ROI after the $600 mortgage is paid...and unfortunately the property has gone down in value by 20% since it was purchased 2 years ago.

But yes, a soft eviction is what i'm hoping for. I have no interest in suing or countersuing...just wanting to understand the rights and obligations for BOTH parties so that this can be done efficiently and expeditiously.

thx for taking the time to comment!

 

[xylene]

There is hardly ROI after the $600 mortgage is paid...and unfortunately the property has gone down in value by 20% since it was purchased 2 years ago.

Why is mortgage so high relative to the rent?

Consider selling. That would be one way to get them out.

Sometimes taking a loss is the way to go.

 

[deeds1115]

A contractor can handle such things.

Do you want them to hem and haw or do you want these lousy tenants gone?

I mean you say your goal is to renovate the house... You really don't need to clean stem to stern first...

I agree with your point. It would be nice to be free of them, just want to handle it properly.

Yes, wanting to do SOME reno, but would hate to spend excess time and money on cleanup before any improvements can even begin.

I'm just concerned as the handyman made a comment to the affect that a dumpster is going to be required AFTER they move out. I last did a walk through 6 months ago, but the handyman has been there multiple times since then and seems to think it has gotten much worse. Going to arrange for a walk-thru soon.