• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

getting very questionable tenants out. Raise their rent or 30 notice

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

blau

Member
What is the name of your state? california.

I rented to a neice and aunt a two bedroom apartment about 3 mounths ago. I have a six month lease with them. At the time the niece said her fiance will be moving in with them and I said that was o.k. I also told them this was a quite place.

The building does not have a manager (7units).

The move in it turn out that her fiance is a real party anamal. Within the first mounth after they move they had a wild party and the broke a large living room window. They fixed it.

I also have complains about their noise. I warned them and they seem to settled down a little but not to the norm of the building.

There were also complaints that their guess were having sex in their cars in the apartment lot. My maintanance man caught them making out at 2:00 in the afternoon. I wrote them a warning letter.

Also there is a lot of people comming in and out of their apartment. I believe they are living there. When I confronted them they always denied it. I don't believe them. One of my other tenants are saying the same thing.

My plan was to wait until the lease is out and either raise their rent like $300 from about $1100 or give them 30 days notice to move. ($300 dollars because we are developing a policy where we would raise your rent $150 per additional person per month). We are developing this policy to discourage additional roomates).

I am thinking if I raise their rent $300 the would move on the own and I will not have a problem. Or is it just better just to give them a 30 notice. If I do either of these should I given them any explanation.

The other option is to given raise their rent and given them a 30 notice. The idea behind that is to discourage them from fighting ot requestion the court for dealying an eviction. Because even if they delay an eviction, they would have to pay the higher rate.

I am worry that they will cause other tenants to move. But it is hard for me to tell because we are not there all the time.

thanks
blau
 


FarmerJ

Senior Member
Think about it , what if those people just agreed to pay the increase ??? better to plan for writting a notice that tells them you will not renew the rental agreement and that they need to move out by the end of the lease . make sure to send it with enough time so there is no doubt that they must go and cannot challenge it . if you have other very good tenants why risk having to replace them . get rid of your rotten apple .
 

abezon

Senior Member
Send them written notice to comply with the lease: no loud parties, no extra residents, no sex in the parking lot, no disturbing other tenants, or however they're violating the lease. Warn them that they've had one warning already and if you have any further complaints, you will terminate their lease early for cause. If the written lease says that the apt is to be occupied solely by the two lessees, you can give them 30 days to move the bf out or leave. The written lease overrides any oral agreement you made that he could stay.

In a separate letter, inform them that you will not renew their lease at the end of the 6 month term and they will have to be gone by the date stated in the lease. Don't mess around with rent increases.

Start keeping a log of complaints & communications to or regarding them. Also, exercise you right of entry -- give everyone 48 hours written notice that you will be inspecting the units to ensure that the smoke detectors work. (Inspect all 7 units so you don't get accused of discriminatory enforcement.) This will give you a chance to look the place over. If it's dirty or damaged, you can order them to clean it up and reinspect to see that they have done so.
 

blau

Member
abezon

Abezon,

The question about extra residence. Do I need proof of extra residence. They have always denied the extra people as residence. They said the are visiting.

How is this issue generally handled.

blau
 

blau

Member
the bf is on the lease it is the other additional people. Can I just write them a letter and said you more than 3 people living in the apartment and you are violating you lease agreemtn. Correct the problem in 30 days or I will have to ask you to leave.

Ultimately if they don't go on their own I have to do an UD unlawful detaintion and then in court I have to prove that they are violating their lease right?



blau
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top