Messy Tenant

[bronchospaz]

I'm a Landlord in California. I currently, have a tenant that I'm getting fusterated with. She never pays on the 1st, usually the 3rd or 4th. She was a month late once, but managed to get caught up. She hasn't paid the trash bill since she moved in (late last year) so I had to pay it and get reimbursed from her or the trash co. will place a lien (yes, I did finally get reimbursed, but it wasn't easy). Her boyfriend is living there and not on the rental agreement. Those are just a few issues we have had. All of the above, just sets the mood for the current problem:

Since the day she has moved in, there has been furniture, a fridge, numerous boxes and misc items stacked along side of the house. I thought that when the rainy weather started they would clean it up-no, they put plastic over it. I have been asking, then telling them to clean it up and only getting excuses in return. I am concerned about rodents nesting in the "stuff", insect infestations and I'm embarrassed of the condition of my house. I don't want to evict her because she is paying the rent even though it's consistantly late.

I'm wondering what my options are? Can I order a large portable storage container, such as a POD. and raise the rent to cover the price? Any other ideas?

[CourtClerk]

You obviously aren't an experienced landlord. You need to hire a property management company because you are going to continue to have issues.

Why did you allow a tenant to become a month behind in rent? Why did you allow the tenant not to pay the trash bill for a year (provided she was supposed to pay it per the rental agreement), why are you allowing the boyfriend to continue to live there?

This isn't a case of a problem tenant so much as it is a case of a landlord who doesn't know what he's doing?

[bronchospaz]

The trash service was in her name. I was not aware the bill was not paid until the company called me since I was the owner of the house. I did not post here to be "chewed" out on my "inexperience". I POSTED HERE TO GET SOME ADVICE!!! You did not answer my questions nor did you make me feel any more confident with the situation. How are people supposed to get help with this type of feedback? I have recieved responses and seen many responses to people very similar to yours, which made me hesitant to post to begin with. LEGAL HELP? EXPERT LAW? That's comical!!!

[SChinFChin]

A few issues:

1- It's simpler if these issues were addressed before the move-in. At this point, all you can say is that unless the items on the side of the building is moved, or place in storage, she'll have to move. I don't know if you want the hassle of looking for a new tenant, and vacancy.

2- The way to address before move-in is:

a) Late charge if rent not paid by a certain day is common. I'm a bit more laid back, so getting it by the 2nd or 3rd is fine, and I'm happy with it. I'm not demanding on my late charges, and my tenants all pay before the first, even though it's due on the first.

b) Extra tenant moving in. I have in my lease an extra charge per tenant, say $150/month extra, defining a tenant as someone visiting more than 14 days without the written permission of the landlord. Some ethnic groups, South Asians for instance, always have relatives visiting for months at a time, so I give them permission for one month. A boyfriend moving in is definitely an extra tenant, and if he gets mail there, then it's a tenant, not someone just sleeping over a few nights, the usual excuse I get.

c) Fines for leaving stuff outside. I explain the fines are technically extra rent because I only rented space inside to them, not the extra space on the outside. In some towns, neighbors get annoyed with the "ghetto" look of stuff laying outside, and code enforcement levy fines. I stress the fact of problems with neighbors and the town, and also rodents.

I've landlorded for a while, and for every ten tenants, even I'll get one of these. There are many much worst, so on a scale of 1 to 10, 10 being the best, this one of yours will be a 5. You can't score a "10" every time.

On the other extreme, the neatest tenants can be a pain in other ways. I rented to two "nuns", teachers, and I get 12 post dated checks for the 1st of each month, on every lease renewal, the place is kept as neat as a pin. But they are extremely demanding, and I feel like I'm a student in one of their classes. I'm more stress out with them compared to the easy going guy upstairs a day or two late with the rent.

[bronchospaz]

First, thank you for your suggestions!
I do have a late charge after the 3rd. I guess the move in was a financial strain for her. She was 1 month late on the total amount. She did pay a few hundred dollars a week. I guess I was trying to be compassionate (single mom). Unfortunatly, it's these people that ruin it for those who really need a break. I will never do it again! I don't have an extra charge for an additional person...I just want her and HIM to take reasponsibility on the rental agreement.

I don't want them to move out just yet. I have a few financial issues to deal with first. I just wanted to know what my options are legally. She says she doesn't have any more storage space. BTW, this is a 1600+ sq ft home with 2 car garage and 2 out buildings. That's why I thought maybe charge them for a portable storage container.

[LawResearcherMissy]

I am concerned about rodents nesting in the "stuff", insect infestations and I'm embarrassed of the condition of my house. I don't want to evict her because she is paying the rent even though it's consistantly late.

I don't want them to move out just yet. I have a few financial issues to deal with first.

I'd be awfully concerned that any infestations would end up causing you even more - and much messier! - financial issues. Have you inspected the place recently or had it inspected? Had Orkin (or someone similar) come out and take care of pests? You might look to that, if you're concerned about infestations, to safeguard your property.

Chin has given you terrific suggestions, but you're not going to be able to implement them in the middle of the lease. If you're looking to protect your property, I see little choice but to evict if she fails to comply with the lease. Legally, that's all you can do.

[bronchospaz]

Yes, I believe it is very good advice. This tenant is currently in a month-to-month. My financial issue should be resolved in the next month or so. If she has not complied, I will be starting eviction (30 day notice) if not sooner. She again, is late with rent and blames it on the holiday and only paid a partial payment (about 2/3 of the rent) as of today.

[jk]

Are there any local ordinances that the outside storage would be breaking? If so, you can demand that those items be removed or stored within the buildings. If not, you are constrained by your lease with them and it does not sound like you have included anything that you could use to address the problem.


In all reality, it sounds like until you are ready to evict or willing to have her leave if you give ultimatums, the best you can hope for is bitching at her will get her to correct some, any, of the complaints you have.

Once you reach that point, since she is a month to month now, there is a lot you can do to remedy the problem even before eviction. Chin hit on a lot of items that can be changed once you are willing to risk her leaving.

[bronchospaz]

No ordinances would be broken. It is a single family home on one acre of land only governed by the county. The only laws and rules I'm truly concerned with is what I can do as a landlord.

[jk]

my thoughts were that if it were some sort of ordinance or statute violation, it is simple to demand they comply. It makes somebody else look like the bad guy.