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Updated about 2 years ago on . Most recent reply

User Stats

12
Posts
8
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Bonnie Johnson
  • Las Vegas, nv 89148
8
Votes |
12
Posts

Asking a Tenant to leave before lease expires.

Bonnie Johnson
  • Las Vegas, nv 89148
Posted

Hi,  We currently have a renter who just signed a new lease for a year (Nov. 30th). She has been with us for the last year and a half with no issues. in California.

The property has a home, and two apartments.  We use the home for personal vacations, and rent out the apartments.  

To try and sum this last week up.

My partner/landlord arrived on Wednesday, and she was not in parked in the designated areas.  She then brought an RV on site Thursday, and parked it in another unacceptable spot.  ( I had previously said, she could have the RV on site for a few days)

Texts were sent for her to move the vehicles.  No responses.  He noticed some of her guests, and asked if she was around, they said yes, and sent her out.

She said she hadn't checked her phone in days, and began to back talk a bit, when she was told that the vehicles were incorrectly parked.  

three days, vehicles have not moved.  

I am not on site, so I sent a text, and email reminding her that a dumpster is coming on Monday.  My partner goes and knocks on the door to remind her as well.  She again states she didn't know she couldn't park there.... same conversation again.

Vehicles get moved, but now the RV is blocking our access road.  She responds to my text (two days later) we agree there has been some bad communication, and she mentions she thinks my partner was hostile towards her when asking her to move the vehicles.  I apologize, and she asks for all communication in writing going forward.

Construction begins on the roof. guys are working Monday - Friday 8am-3pm. 

I sent an email the next day (Tuesday), asking intentions for the rv, and stating exactly where all vehicles were to be parked.  no response.

I find out there are also dogs in the home, that I was unaware of.

I send another email, along with a text, two days later - Thursday, giving her until Monday to remove the RV.  (since she had not responded to the previous email). I uploaded a pet addendum to apartments.com, asking her to fill out, along with a pet deposit.  and addressed the issue of not being told there were pets on site.  

She responds today (two days later.). Bringing up she feels like my partner is hostile, and that needs to be addressed, she also says that "due to the disturbance of construction, she is unable to use the property as intended.  And that an attorney has informed her we need to compensate her for staying elsewhere during construction, or allow her to stay in her RV." She briefly mentions her guests, (stating partner was hostile to them as well) and their service dogs, but never addresses moving the RV, or signing the pet addendum.  

She never expressed concern over construction in any previous conversation - now half way through she is stating it is disturbing? - How do I respond to this?

I realize I can give her a 3 day notice to quit for the rv, and for the pets on Monday.  However I can't help but feel like this is an excuse to keep the RV.  This is making it extremely awkward for me and the other landlord, the fact that she is not willing to be spoken to by him is absolutely crazy to me.  

Wondering if there is any other way out of this year long lease?  How I should go about responding to these issues, without creating a nightmare environment?  Anything that should be done a certain way to make sure I am legally ok?

I would appreciate ANY advice!

  • Bonnie Johnson
  • Most Popular Reply

    User Stats

    28,047
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    Nathan Gesner
    • Real Estate Broker
    • Cody, WY
    41,040
    Votes |
    28,047
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    Nathan Gesner
    • Real Estate Broker
    • Cody, WY
    ModeratorReplied
    Quote from @Bonnie Johnson:

    Your gut is telling you this is not a good Tenant, but you keep trying to make it work. She's making excuses, accusing you of bad behavior, and giving false threats of attorney action as a defense mechanism. It's working because now you're doubting yourself even though it appears you've done everything right.

    Give her a clear, written notice of lease violations and 72 hours to correct the problems or you'll start with fines or eviction. When I say "clear" I mean something like this:

    "Paragraph X says you are not allowed to have animals in the property. This includes animals owned by guests or visitors. You have a dog in the property which is a violation of the lease. You will remove the dog from the property within 72 hours and pass an inspection or we will terminate your lease. If we discover any unauthorized animal on the property after this, we will initiation termination of your lease."

    "We allowed you to park the RV on the property for three days. It's been there for XX days despite multiple requests that you remove it. If the RV is not removed from our property completely within 72 hours of receiving this notice, we will have the RV towed at your expense."

    "The law allows us to renovate the home. We provided plenty of notice and we are doing what we can to minimize the disturbance. There is nothing preventing you from using the home and no justification for us to move you to another residence. We will not respond to "threats" of attorney involvement. If you have an attorney that feels we've violated our agreement or the law, please have them communicate that and we will be happy to consult our attorney."

    • Nathan Gesner
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    The DIY Landlord Book
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