Inherited property with tenants making renovations

[Jamila Garcia]

Need Advice.

My best friend’s dad past away last month. He inherited a home with tenants in Santa Clara, California. They have a 3 year lease agreement signed and in the agreement his dad and the tenant negotiated that the tenant can make renovations to the property. Since covid the tenant has been paying partial rent until today and paying below market rent for a sfh 3/2.

The tenant kept making excuses about paying rent and told my friend that his dad gave him chances and they had an agreement. My friends dad wasn’t able to visit the property due to his health he was 89 years old and had cancer.

my friend finally visited the property the other day and as you can see in the pictures the tenant hasn’t finished making renovations because he’s been busy at work. The tenant basically added walls to make more rooms. The tenant also said he was in the process renovating the kitchen. The lease ends next year 2023. What should my friend do? He’s pretty overwhelmed about the situation.

Can he even evict him?

Should he get a lawyer involved? Should he even let the tenant finish the renovations?

The tenant owes a lot in back rent too.

Given California landlord tenants laws. What should be the first step?

[Joe Martella]

Honestly, the first question that comes to mind is where was your friend when his  dad needed help selecting a tenant and managing the property.  Perhaps they wouldn't be in this situation if they took a more proactive approach.

I do not know CA laws and I am not an attorney, but I could see a judge saying that the tenant has until 2023 to complete renovations.  As long as they complete everything by 2023 I don't think that you have a case.  As for the back rent, that may be an issue, but your friend can't prove or disprove any agreement verbal or otherwise to a judge.  I would say whatever the tenant owes his deceased father your friend isn't going to collect.  However, your friend can put the tenant on notice that any reduction in rent would no longer be acceptable and any verbal agreements with the deceased party are no longer valid.  Now if the tenant provides a written agreement, then then all bets are off.

See what an attorney will say. Talk to a local REIA and speak with one of the affiliate attorneys.