Can I evict tenant for painting without permission?

[Carrie Nevins]

Hey guys, 

My new tenant moved in last month and before she had even moved in her things, she had painted two of the bedrooms as well as the baseboards and door frames white (the rest of the house is light oak). She had several cans throughout the house as well, as if she had plans to paint even more. If a lease states that no alterations are to be made to the property without written permission, is this grounds for eviction? It is spelled out in the lease that eviction can occur if the lease terms are violated. 

This tenant recently sold her brand new home and is now living in my 1,000 sq ft home built in 1950 and she bombards me daily with complaints about things being old and gross (literally), even asking us to replace all of the electrical outlets and build regular closet doors (ours are floor to ceiling metal doors). I realize I can't evict her for being annoying, but if I can use this as leverage I intend to. The rental property is in Missouri. 

Also, she paid for the entire year up front, in the event that she was evicted, I'm not legally obligated to refund that money if she was in violation of her lease, correct?

(Again, I'm not planning on doing that, I just feel as if she doesn't truly understand what she got herself into) 

Thanks!

[Marcia Maynard]

Note: We rarely give a flat out "No", but the result is often the same. It's easier for tenants to accept the outcome if they can understand our reasoning. We have some standard responses to over-the-top demands:

"That would be very difficult."

"We're not prepared to do that." 

"The house rents for XXX per month for the condition it was in when you began your tenancy. Changes and upgrades cost money.  If we make the changes you request, it could result in an increase in rent. How important is XXX (the request) to you?"

"XXX (the request) would be nice have, but this place doesn't have that. If that's what you need, then maybe this house/apartment isn't the best fit for you. You could consider finding a different place to live."

"Well that's an idea. We'll consider it and get back to you."

"That doesn't work for us."

"This isn't working for us, and it seems it isn't working for you either. It's time to talk about a move-out plan."

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If a tenant breaks a term of the rental agreement, we address it as soon as we become aware of it.  Regarding damages, the conversation might start off with the phrase "What happened here?" Open ended questions elicit more information. We charge for damages as they occur or as we learn of them for two reasons... 1. It reinforces the terms of our rental agreement and 2. If we waited until the end of tenancy the security deposit would rarely be enough. It's also an opportunity to discuss again the terms of the rental agreement. If we can't resolve the problem with a gentle reminder, then we will serve a "Notice to Comply".

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@Carrie Nevins.... regarding your situation.... 

1.  It's customary in our industry to accept rent in advance for only one month at a time. Sometimes with students who receive housing funds, perhaps a quarter or semester at a time. It's a red flag when a tenant wants to pay for a year in advance. If you get a chance, see the landlord thriller "Pacific Heights". :-)

2.  Do you have a strong lease that is worded clearly? Did you review that terms of the agreement with the tenant and emphasize key points? Did you build in penalties when a tenant breaks one of the most significant terms?

3.  If a tenant did what this tenant did in the first month, clearly a violation of the rental agreement, I would immediately review the rental agreement again with her.  I would also require her to cease these actions and I would charge her now for what it would take to restore the unit to it's original condition. Then I would set that money aside for use later, so she could continue to live in the place with the cosmetic changes she already made. If she continued to make changes without my prior written consent, then I would again serve her proper legal notices each time.  Each time we serve a legal notice, we also charge a $20 service fee. It doesn't take long for tenants to come into compliance.

4. Consider that some of her observations about the house may point to habitability issues that would need to be resolved by you. Have you had the electrical safety checked by a qualified electrician? Non-grounded outlets and too few outlets are common in houses from the 1950s. You will notice tenants will overload outlets if they don't have what they need, which can become a fire hazard. Also, older buildings may have lead-based paint, so you should at a minimum give her the EPA booklet "Protect Your Family From Lead In Your Home" and sign a disclosure document about what you know or don't know about lead in the home.

5. In my jurisdiction we can evict for "no cause", so it's easy to end a month-to-month tenancy at any time when it's no longer working for us. This gives us more negotiating power. Tenants know this and are careful not to cross us. Unfortunately, you've locked yourself into a longer term lease. Perhaps in your jurisdiction in Missouri it wouldn't be possible to evict for "no cause". When you need to evict for "cause" it most often requires giving the tenant the chance to correct their behavior and come back into compliance with the rental agreement.

6. When it just isn't working for us and it's obvious it's not the best situation for the tenant either, we try to negotiate a "move out plan"..... see BP Podcast #83. This is much cleaner, less costly, and also more swift than an eviction through the courts. If the place doesn't meet her needs, you may want to let her break the lease without penalty and move on.

Good luck!