Tenants are great. Their guests are Not.

[Andy Li]

Our 2 co-tenants are great. They pay rent on time (despite pandemic). They clean up after themselves. They remove weeds. They are peaceful and mostly quiet. But, smoke a little.

But, their guests overstay, smoke profusely and litter.

Guests are tenant's father, mother and their 2 dogs.

Rental agreement allows guests a max 2 week stay every 6 months. They stay 2 months every 4-6 months.

Guests abuse guest policy and cause trouble.

ie cigarette butts everywhere, other litter like soda cans & packing materials, trash can overflows.

Their initial visit with 1 dog has grown to subsequent visits with 2 dogs. 

Dogs that bark and run indoors with heavy wear and tear.

Guest is heavy smoker and tenant is light smoker despite application saying tenants are NON-smoking.

Their smoke gets into open doors and windows and adjacent unit occupants breathes second hand smoke.

***********************************

ACTION

I've spoken a few times with tenants about guest overstay, dumping, smoking but they still overstay, dump and smoke.

Tenants say guests are family and have a hard time complying with overstay and cigarette dumping.

Tenants don't want their guests to become tenants and formally apply, credit check with increased rent and security deposit.

Like a hotel, can I require mandatory check-in and check-out to enforce the 14 day max stay?

Can I require credit card pre-authorization?

And bill $50 per day for guest overstay?

And bill $25 per no-smoking violation?

Can I increase security deposit (up to max 2 months rent) for the extended wear and tear from their guests and 2 dogs?

Can I charge credit card for overstay in addition to the $1950 for rent?

There's no rent control but California Tenant Protection Act of 2019 caps rent increases.

What if guests bring 3, 4 or more dogs. Can I limit dogs to 2?

Even for Emotional Support dogs?

Thanks in advance!

[Kyle J.]

@Andy Li  Your tenants do not sound "great" to me.  They lied on their application (said they didn't smoke and they do).  They also REPEATEDLY violate the terms/conditions of your lease (allowing guests to overstay and possibly also allow the additional dogs unless you don't have a policy on pets which would be odd) and they willingly allow their guests to do the same (create waste/nuisance on or about the premises).   But perhaps we just have different expectations.

To answer your questions, no - you cannot just make up arbitrary rules/charges that are not already outlined in the lease, such as requiring credit card pre-authorization, billing $50 per day for guest overstay, billing $25 per no-smoking violation, etc. 

You can, however, enforce the terms/conditions are in your lease.  The way you do that is by serving a 3-Day Notice to Cure or Quit (also called a 3-Day Notice to Perform Covenant or Quit) whenever your tenants are found to be violating the terms/conditions of the lease. 

Your tenants are responsible for their own behavior, as well as that of their invited guests.  You need to remind them that they agreed to abide by certain rules when they signed the lease, and that you rented the property to them and not their family members.  If they can't live with that, perhaps it's time they move and go get a place together with these family members.

Good luck.