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Updated over 4 years ago on . Most recent reply

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75
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Erin O'Connor Smith
  • Los Angeles, CA
24
Votes |
75
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3 day to perform or let it ride?

Erin O'Connor Smith
  • Los Angeles, CA
Posted

Reasoning this out with fellow landlords please! 

My renters are refusing to comply with our signed lease agreement's stipulation to produce proof of renter's insurance of $300k liability per person, which is standard in all my rentals. I gave them within 30 days of move-in to do so, it's been 60 with multiple reminders, and they argue now that that amount is unreasonable. They have also violated other lease items in those two months, like piling up trash in their driveway and parking too many cars, etc etc.

They have paid rent on time so far.

They have indicated they will involve lawyers if I escalate this, and remind me that since they pay rent on time I "have a good thing going" with them as tenants. 

Next steps will be either to serve a 3 day notice to perform or quit, and move through the necessary steps.

My other option is to ride out the discomfort and try the 30 days notice to quit before their one-year lease expires in June. This is a house in LA built in 1990, so not a rent-controlled...I'm verifying that.

At this point, it's not as much about the insurance itself but making sure I have tenants who comply. If I let them win this little battle, I fear I will be losing many more of bigger sizes in the future. My gut says to cut my losses and start over, I can handle the financials and there were many other interested applicants... but I wonder if with COVID an eviction case will ever be heard. At least I could get it started though, right? I welcome all feedback to get me out of my head and into some kind of decision. Thanks.

p.s.... Leases I've written since have required proof of insurance BEFORE key turnover! 




Most Popular Reply

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1,052
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James Mc Ree
  • Rental Property Investor
  • Malvern, PA
804
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1,052
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James Mc Ree
  • Rental Property Investor
  • Malvern, PA
Replied

You will probably find some tenants say the toughest things and will never comply; lawyer-threats and everything, until you give them the N-day eviction notice. That changes everything as your threats become real. Up to that point, your words are as empty as theirs.

I require renter's insurance in my leases and stipulate that I will buy it for them with their money if they don't. The expense is categorized as "additional rent" and due when it is purchased. That gives me grounds to also charge late fees and ultimately evict for non-payment of rent if it doesn't work out. I haven't had to do it, but would use their security deposit to buy the insurance, then reimburse the deposit when they paid me.

Send them a letter specifying the lease violations and cite the specific terms in the lease being violated (paragraph 10 on page 2). You can have fun with them and ask for the name and address of their attorney so you can send them a copy of the letter too. They won't answer you because they don't have one, in most cases - that involves spending money.

Follow through on the eviction process. My bet is they bail out and comply so you never have to evict. If not, then you probably do have some hardcore troublemakers and you want to end that early.

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