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Updated over 8 years ago on . Most recent reply

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8
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Wendy Li
  • Albany, CA
0
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8
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Tenant holdover problem

Wendy Li
  • Albany, CA
Posted

Our tenant broke the lease agreement on several clauses recently by running a legal grow facility without our knowledge.  They include lawful use for residential purposes only, alterations without approval and probably growth of controlled substances.  We decided that we didn't want to deal with the hassle of an eviction as her lease agreement ended in a month and simply sent her a termination of lease agreement.  However she has sent us a notification telling us that she wished to extend the lease another 18 days and would be paying rent for those days.  

We want her out of the house by the end of the lease agreement or honestly at this point even earlier would be better.  She's making it difficult for us to find a new tenant by pushing us out of prime rental period and basically threatening us by telling us evicting her at this point would be a waste of money.  Do you have any suggestions on what we can do to lose as little money as possible?  

She has agreed on the letter to make the house show presentable by the end of the lease date and allow visitors in while she stays for the extended three weeks.  

Our goals: 

1. We want the tenant to deal with cleaning up the damage and changes she has done to our basement with the grow facility and don't want to put money into the repairs ourselves. She also hasn't maintained our lawn, but I'm not sure if that's covered by her maintenance requirements.  

2. We want to lose as little money as possible between finding a new renter.  

3. We're pissed beyond belief and just want her out now so we can stop dealing with her lies and delay tactics.  

Possible options:

1. We evict her.  Under our lease agreement we have the right to evict if she breaks the lease agreement.  What we're afraid of is she'll abandon her duties to clean up the grow facility and it will take a considerable amount of time to fix it up ourselves.  

Our lease agreement states: 

Termination and Re-entry: Default in any of the convenants of this lease by lessee entitles lessor to terminate the tenancy and retake possession of the premises as provided by law. Lessee acknowledges that Lessor will incur certain expenses and damages in connection with retaking possession and re-leasing the premises, and Lessee shall be responsible for all lost rent until the premises are re-leased and all damages allowed by law. 

Will this cover us for rent during her lease agreement period only or will this cover us for rent until we find a new rentor?  

2. We allow her to stay past the extended period.  I can't see any benefit to this besides she will most likely clean up the house herself and be more cooperative.  Honestly though, we can't trust her to do anything at this point. 

3. We force her out on the last day of the lease and don't evict her.  It would save us time for finding a new rentor but she would be less likely to cooperate.  

Could you offer your opinions or advice on the situation?  We're planning to hire an attorney at this point, but would like to know what more experienced landlords have to say as well.  

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