How to properly ternmiate a month to month lease?

Question

Hi everyone, my name is Steven Nguyen from San Diego. I need everyone help on resolving issues I have with a newly month-to-month renter. The tenant rented a room out of our house , and just moved in on May 1, (10 days as of this writing). Two days ago he emailed me to notify me the incident about the shower door. He said the he noticed the door was jammed and "honestly" try to fix it, but he accidently let the door fall down and break into pieces. He also hoped that I would charge him to replace a new one.

He replied to him and told him that breaking a shower door is not normal wear and tear, so it is his responsible to replace a new one. I told him next time when something in the house not working properly, he need to notify me to fix the problem. He seems to be upset about it, then shoot an email told me that he found one of the electrical outlet in the kitchen is not working, and demanding to send an electrician to fix it.

I felt that he will give me more headaches in the long run, I want to terminate the month to month lease with him, but since he just stay here for 10 days.

My question is , when can it serve him the 30 days notice? Do I have to wait for the first moth to end or I can just serve him the notice today and give him 30 days to vacate? What is the reason I can use to terminate the lease?

My other question is that do I have to fix the electrical outlet in the kitchen, or told him to use another one 3 feet away.

Thank you all .....

Steven Nguyen · Answer

To Steve S, thanks for your detail scenario.  It did changed my thought about the tenant.  I just went over to talk to him, we are agreed  that he will hire some to replace the exact same.   To my surprise he even asked if he can sign a six month lease.  I don’t know if I want to do that,  but I will not terminate his lease for now.   With this tenant, I think I’d rather keep a month to month lease just in case.

Steven Nguyen · Answer

To Dave Rav, I forgot to mention that we moved to another house, that house is all tenant occupied.

Nathan Gesner · Answer

You can read about notice here: CLICK ME

You're in California so I would be extra cautious and provide the notice at the end of the May, giving him the full month of June to find a new rental.

Steve S. · Answer

Let me run a scenario by you... and here I'm just playing devil's advocate I'm sure you're already frustrated with this individual and sounds like you've already made up your mind.

Scenario #1 tenant breaks shower door:

Tenant doesn't disclose to you that they broke it and moves out only to leave you with a large amount of water damage AND a broken door. Now you have to do your repairs which will probably cost you way more than the damage deposit, and time before you get a new tenant in...

-or-

Tenant as YOU requested fixes the door themselves, so he put's on some wood veneer door... right on the shower.. it's a door and on the shower... meets the requirements you have laid out... you're still going to be out time and money...

My take.. I think it was great that this tenant immediately called you and told you they broke the door. This is where you write up something on paper which states that they did damage to the unit excessive of normal wear and tear, and you write down exactly what needs to be done with an estimate and a payment plan option or deadline. They sign it... it doesn't matter if they even move out you now have something you can take to small claims court and you WILL win.

Personally I would LOVE LOVE LOVE it if all my tenants told me they broke something immediately. Things break, accidents happen regardless if it's 10 days or 10 months into a rental. This person was probably trying to fix it and eff'ed up...  so be it... at least they let you know ahead of time instead of trying to cover it up or get away with it.

Scenario #2

The kitchen outlet is no longer working and wants you to repair it! AS YOU SHOULD! An electrical outlet that is not working may be a fire or electrical hazard.  My reply would've been "thank you for making me aware of that issue, I'll be right over and not only will I install a new outlet I will make sure it's a GFCI for safety!

Just my opinion but where you see a tenant that may be troublesome I see a tenant that will make sure my unit will be up to snuff and easily turned over when they vacate. Furthermore I see a tenant who lets me know when there are issues as an opportunity to keep looking in on the place AND with more improvements that I make to the unit the greater the appreciation in value....

Dave Rav · Answer

This sounds real fun!  Wow.  I know "house hacking" is getting popular, but frankly, I would NEVER let tenants live with me!  Nor would i buy a rental on my same street.  Just not trying to have my business too close (or within!) my home.  At least, not this kind of business.

As for your issue, month-to-month tells me you can boot him end of month.  Just be sure adequate notice is given (look at lease, or better yet CA landlord-tenant law).

Steven Nguyen · Answer

To John Meirose,  thanks for your advice.  I think I’ll just let the lease ends first, then I’ll see how it works out.

John Meirose · Answer

Hello Steven,

Sounds like you have a fun tenant on your hands.  Regarding giving notice, it is hard to say with out reading the lease but most leases give either party the ability to terminate the lease with a certain notice.  With this only being 10 days into your agreement and it sounds like there may be an issue with the electrical outlet, which would need to be fixed prior to renting it again, my recommendation is to try and work it out with the tenant for the remainder of the month and see how everything goes before giving notice.  Just my opinion.  Good luck.