"Sorry, tenant, but I'm turning your garage into an ADU . . ."

"Sorry, tenant, but I'm turning your garage into an ADU . . ."

Investor · Prescott, AZ · Member since 2017 · 21 posts · 5 votes

I wouldn't say it exactly like that, but that's the gist. So, if you were in my shoes, how would YOU go about orchestrating things? (details below):

*2bd/1ba home in Bakersfield, CA. Detached garage in back. Backyard is big. Tenant's rent currently means the entire property is his to live on and use (i.e. the typical SFR rental agreement). The lease will be up in Jan 2023, at which point tenant can choose to sign a new lease or go month to month for a higher rent fee. Tenant is currently using the garage for storage and laundry (washing machine and dryer are his). They are good tenants

*I learned late (and painfully) that I should have been raising the rent every year. In 2019, when my tenants first moved in, the rent I charged was higher than surrounding areas by about $200. The market zoomed past me, though, and now my tenant is paying roughly $200-$300 less per month than what I could be charging. I did raise the rent by an extra $100/mo at the beginning of this year, upon their lease renewal. All of this to say: It seems that the relatively low rent that I charge can be a bargaining chip in my favor in case tenant protests the "demotion" of his own living situation that an ADU would bring (noisy/disruptive construction, the loss of the use of the garage, and ultimately another tenant sharing the property).

So, considering the above info, how would you go about 1. Telling the tenant your plans, 2. Revising the lease agreement to remove tenant's "right" to the garage and to sole user-ship of the property, 3. "Compensating" him for the reduction in his living quality that an ADU would bring, knowing that he already has a pretty sweet deal on rent (maybe "compensation" could simply be something like saying: "I know this will change how things were. Knowing that market rent, even without garage access, would be $X, and knowing that you are still paying less than (or equal to) that, I won't be raising your rent this year" ... or something to that effect). All input much appreciated!

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Nathan GesnerBusiness Member
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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
4y
Quote from @Jonathan Vince:

So, considering the above info, how would you go about 1. Telling the tenant your plans, 2. Revising the lease agreement to remove tenant's "right" to the garage and to sole user-ship of the property, 3. "Compensating" him for the reduction in his living quality that an ADU would bring, knowing that he already has a pretty sweet deal on rent (maybe "compensation" could simply be something like saying: "I know this will change how things were. Knowing that market rent, even without garage access, would be $X, and knowing that you are still paying less than (or equal to) that, I won't be raising your rent this year" ... or something to that effect). All input much appreciated!

I believe in being honest. In this case, it's unlikely they will want to stay while you (a) take the garage from them, (b) convert the garage to an ADU, and (c) move someone onto the property with them. There's a very good chance they will leave, but I would offer it to them first. If they don't take it, market it accordingly and start with a new tenant that's willing to accept it from Day 1.

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  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    4y
    Quote from @Jonathan Vince:

    So, considering the above info, how would you go about 1. Telling the tenant your plans, 2. Revising the lease agreement to remove tenant's "right" to the garage and to sole user-ship of the property, 3. "Compensating" him for the reduction in his living quality that an ADU would bring, knowing that he already has a pretty sweet deal on rent (maybe "compensation" could simply be something like saying: "I know this will change how things were. Knowing that market rent, even without garage access, would be $X, and knowing that you are still paying less than (or equal to) that, I won't be raising your rent this year" ... or something to that effect). All input much appreciated!

    I believe in being honest. In this case, it's unlikely they will want to stay while you (a) take the garage from them, (b) convert the garage to an ADU, and (c) move someone onto the property with them. There's a very good chance they will leave, but I would offer it to them first. If they don't take it, market it accordingly and start with a new tenant that's willing to accept it from Day 1.

    The DIY Landlord Book4.7248 Reviews
  • Investor · Prescott, AZ · Member since 2017 · 21 posts · 5 votes
    4y

    Thanks Nathan. By "offer it to them first," do you mean offer them the use of the ADU for a mother-in-law/etc. that they may have?

  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    4y

    @Jonathan Vince when you offer renewal give them more then required notice that the garage will be converted and they will use lose of it. Outline laundry plans if any. Let then know you understand if they want time to think about if they ready want a renewal. Give a deadline for a reponnse.Let them know you are happy to answer questions OR do a non-renewal for the renovation if you can in your area.

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    4y

    I agree with Nathan and Colleen. Also if you are removing the garage from their lease and part of the yard will now be shared (and them living next to a construction zone while you convert the ADU), you will need to change the rent accordingly. Also check your zoning bylaws to make sure you can do what you want to do.

  • Investor · Bakersfield, CA · Member since 2015 · 483 posts · 234 votes
    4y

    @Jonathan Vince 
    So for telling the Tenant your plans, I would go about that by just telling them your plans.  Generally, people are most open to work with you when they know what is going on.  
    Revising the agreement can be done with a simple change of rental terms as long as there is no stipulation against the Tenant having right to the whole property. 
    If the rents are already low then that is a "compensation" for his living situation.  Another thing to look at was if he was to move to a similar unit once you have converted, what are his options?  

    For me though, best advice would be to hire a professional PM to handle all the headaches for you.  PM me if you would like to chat further as well!  Good luck on your journey!

  • Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
    4y

    First question: can you legally convert the garage into a ADU? If so (or you don't care), how long will the conversion take to complete? What will the new leased space look like? I recommend getting your plans in order and sending the tenants a letter about 60 days prior to end of lease. At that point, I would tell them that you have enjoyed having them as tenants since 2019 and you hope to continue having them as tenants going forward but the rent will increase to $XXXX based on the current market price and that it will not include the garage. The garage will be converted into (whatever) and that it will command a rental price of (whatever). If they decide to leave, they will find that rents are much higher than they have been paying and that it may still be a good value without the garage. Run your business to provide the greatest ROI with the highest tenant quality. Your tenants have had a pretty nice ride for many years...

  • Member since 2020 · 3 posts · 0 votes
    3y

    Hello everyone. I have a rental property in LA that's subjected to rent control. And thinking of adding a ADU. But I have a Tenant of 20 years Who I know will give me a problem about the garage. In the Old lease if specifies that tenants must use the garage solely for a running automobile. But The tenants don't park their cars there. They use it for storage. Can a Tenant stop the project?

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