Hi there,
My tenants (single family home) were in a lease which expired; I didn't get around to renewing, so I think we now fall to M2M (no provision in lease to say otherwise). They have lived in the house for just over 2 years.
I live on 18 acres with 3 dwellings. I rent out the main house, Air b'n'b the cottage, and live in the barn apt. The following issues are with the main house tenants.
I have experienced signifcant health issues over the past few months and need to sell. I can't manage this much, let alone the stress of being a landlord and living next to the tenants.
PAYMENT ISSUES
While nice people, for the past 4-6 months or so, they are having trouble with rent. I offered to work out a plan with them, to which they said no or ignored on other occasions. I have full records of all of these communications. They keep accepting full responsibility and apologizing, but still not paying. At one point they were 3 months behind ($2400 a month). I served a 14 day notice to pay which resulted in payment on the 15th day! Now they are usually one month behind. At present they are $400 behind from June 1 payment and I suspect I won't get June's payment until July. Many checks have been bounced. It's very unsettling - I need the money for the mortgage. Here in VT tenants can get financial assistance because of Covid - I sent the link along but they do not qualify because they have money. He is a lawyer (still kicking myself) and just purchased a law practice and I heard through the grapevine that they recently purchased a home.
SANITARY ISSUES
A realtor walked through last week and told me she can't show the house in the condition it's in. Full of clutter and not very clean. Another realtor is coming tomorrow. Today (with permission) I spent two hours cleaning but didn't get beyond the black gunk on the (fairly new) interior window sills etc. There's black gunk in the shower, debris/dust/dead insects all over the sunroom floor, water damage from a plant being overwatered on the hardwood floor, and much more. I took pics, while crying. I am not a neat or germ freak. It's clear they haven't vacumed or dusted or wiped down many areas since moving in. They let the raised bed garden turn into a wild weed park and added some odd stone extensions to the raised beds; we spent over 10 man hours on Sunday trying to rehab it (still not complete). You can't walk through the garage because there is junk on every inch of the floor.
Knowing them, they will take as long as they possibly can to move out once I give notice, which will hurt my ability to show the property and get pictures while the market potentially crashes.
I think my options are:
1. Eviction process for non payment
2. 30 day notice due to breaking the (now M2M) lease due to sanitary issues
3. 90 day notice no cause (not a good option).
4. 30 day notice upon signing of a purchase agreement with a potential buyer (unlikely in current state)
#2 seems like the best bet but I would love advice before I take action, especially since he is a real estate attorney (again - kicking myself).
Thanks so much! I've pasted some of the cleanliness clauses from the lease below.
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13. IMPROVEMENTS: Any improvements to the property made by
tenant inside or outside must not occur without written permission from
the landlord. This includes landscaping, shrubs, flowers, walkways, out
buildings such as storage sheds, the garage and play- houses, etc. Any
interior improvements made by the tenant may have made to the
property must also remain. Improvements such as but not limited to the
following are installation of ceiling fans, book shelves, shelving, light
fixtures, etc. Landlord must authorize all improvements in writing.
Tenant may hang pictures on the walls using picture hooks only.
16. ACCEPTANCE OF DWELLING: Tenant agrees to accept said
dwelling and all of the furnishings and appliances therein as being in
good and satisfactory condition unless a written statement of any
objections is noted and signed during the move-in walk-through. Tenant
agrees not to permit any damage to the premises during the period of
this agreement to woodwork, floors, walls, furnishings, fixtures,
appliances, windows, screens, doors, lawns, landscaping, fences,
plumbing, electrical, air conditioning and heating, and mechanical
systems. Tenant specifically agrees that he will be responsible for, and
agrees to pay for, any damage done by rain, wind, or hail caused by
leaving windows open; overflow of water or stoppage of waste pipes,
breakage of glass, damage to screens, deterioration of lawns and
landscaping whether caused by drought, abuse or neglect. Tenant
agrees not to park or store a motor home, recreational vehicle or trailer
of any type on the premises.
SECTION B: TENANTS INDOOR/OUTDOOR MAINTENANCE
RESPONSIBILITIES
1. CLEAN: Tenant is responsible for keeping the property in a clean,
safe, and sanitary condition inside and out.
2. APPLIANCES: Tenant is also responsible for the proper use of
appliances, fixtures, and equipment in the lease property. Tenant is
responsible for reporting malfunction or unsafe appliances.
SECTION D: CLEANING STANDARDS AND MOVE OUT CLEANING
INSTRUCTIONS
1. CLEAN: sinks, cooktop, oven, refrigerator, dishwasher, bathtubs,
showers, toilets, lavatories, mirrors, light fixtures, ceiling fans, marks on
walls, window glass, blinds, window sills, and all cabinets inside and
out. Wipe baseboards and remove cobwebs.
2. MISSED ITEMS: under cook top and refrigerator, oven, base of and
behind toilets, light covers, windows, blinds, fan blades, switch plates,
and yard trash.
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UTILITIES: Tenant must keep utilities on until check out procedure
is finished.
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LIGHT BULBS: Replace burned out bulbs or a $1 per bulb charge
will be taken from the security deposit.
