HELP tenant nightmare, how to give 30 day notice with out retaliating (apartment, lease)
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Here's the thing, there are electrical problems on my property and I am planning on fixing it. This is for CAlifornia
I just got notice like today of the problem and I have someone coming out to fix it tomorrow how ever I got about 40 text messages from the tenant TODAY complaining which I understand the tenant is pissed but its not like im planning on not fixing it. I get things like Im talking to my lawyer, im not paying a dime until its fixed, all my food is spoiling and my washing machine turned off in the miggle of the cycle and its leaking everywhere...and just alot of legal threats and its like come on the day isnt even over and someone is coming tomorrow. With that said im really annoyed too and frankly i dont want to deal with a tenant like that, i am so stressed!! so I want to make all necessary repairs and ask them to leave give a 30 day notice since they have been in the unit 5 months. So my question is how long to I have to wait to give them a 30 day notice its not like the repairs got to me its the fact that they are uncivilized and inpatient. anyone gone through this any advice??? can it be done?? if so how did you do it? thank you
Last edited by DianaO; 04-21-2015 at 12:16 AM..
Reason: forgot general location
The only way you can legally give them the boot is if they stop paying their rent or violate the lease. There is a process that you need to follow...you can't just post a 30 day notice to vacate on their door because you think they're annoying.
Read your states landlord/tenant laws in regards to repairs, withholding rent and giving proper notice or eviction.
Fix those issues quickly and when the lease expires, don't renew. Again, make sure you give them proper notice of non renewal (found in your tenant/landlord handbook)
Good luck and you might want to look into hiring a PM to manage your property
IF there is no lease, the OP is silent on this, then give them a notice according to your state's l-t statutes. You can look up the required number of days in the sticky at the top of this renting forum.
However, if there's a lease, you wait until the required number of days before the end of the lease and inform the tenant that you will not renew and will not allow a roll-over to month-to-month and that you are effectively giving them a 30/60-day notice to quit.
Your tenant is annoying you because you are already annoyed at the issues. It isn't the tenant's fault that the electricity has issues (you admit to that). And the tenant is obviously upset at the inconveniences and damage they are suffering due to the issues.
IF there is no lease, the OP is silent on this, then give them a notice according to your state's l-t statutes. You can look up the required number of days in the sticky at the top of this renting forum.
However, if there's a lease, you wait until the required number of days before the end of the lease and inform the tenant that you will not renew and will not allow a roll-over to month-to-month and that you are effectively giving them a 30/60-day notice to quit.
Your tenant is annoying you because you are already annoyed at the issues. It isn't the tenant's fault that the electricity has issues (you admit to that). And the tenant is obviously upset at the inconveniences and damage they are suffering due to the issues.
Yes, it isn't the tenant's fault they are annoyed... because they are annoyed and sending texts regarding the problems, you won't renew? ok
Here's the thing, there are electrical problems on my property and I am planning on fixing it. This is for CAlifornia
I just got notice like today of the problem and I have someone coming out to fix it tomorrow how ever I got about 40 text messages from the tenant TODAY complaining which I understand the tenant is pissed but its not like im planning on not fixing it. I get things like Im talking to my lawyer, im not paying a dime until its fixed, all my food is spoiling and my washing machine turned off in the miggle of the cycle and its leaking everywhere...and just alot of legal threats and its like come on the day isnt even over and someone is coming tomorrow. With that said im really annoyed too and frankly i dont want to deal with a tenant like that, i am so stressed!! so I want to make all necessary repairs and ask them to leave give a 30 day notice since they have been in the unit 5 months. So my question is how long to I have to wait to give them a 30 day notice its not like the repairs got to me its the fact that they are uncivilized and inpatient. anyone gone through this any advice??? can it be done?? if so how did you do it? thank you
I don't understand how this tenant is a nightmare and you won't renew because they are complaining about legitimate things in their apartment which YOU have rented to them.. Let them know these things will be handled accordingly and stop returning or minding the texts. They are frustrated understandly so. The threats i don't think are ok, but put yourself in their place.
You can give them proper notice if they are on a month to month lease. Just review the legal process you have to follow per CA law. If they are on a term lease (6-12+) then you just can't give notice unless they have violated the lease.
If you were just notified of the problems today and you have someone going tomorrow, then you are fine. That is timely response. I agree with Carlitos. Just text the tenant "The electrician is scheduled to be there at 3:00 tomorrow" (or whatever time). Don't get into anything more than that. Don't be drawn in to any conversations about food spoiling or compensation, or anything else at this point. Wait and see what the electrician says, and how long it takes to fix the problem.
Any comments about rent not being paid until the repairs are done are moot, since the repairs should be done long before the 1st (assuming that is when rent is due). If not, then you might not be in compliance with state law, since that is still 10 days from now, and she might have a case to not pay rent at that point.
A washing machine shouldn't leak because it turned off midcycle. If it is leaking, that is the tenant's issue.
Most food won't spoil because the fridge has no power for a day, especially if the door is left closed. We have written right into our lease that we don't warrant food, even if we supply the fridge. You might want to look at adding that to your lease. What would the tenant do if there was a major power outage around the entire area? That is what they should do now. That may mean buying a few bags of ice and a cooler to keep things frozen if they are really concerned.
As others have said, you can't give them notice if they are mid-lease, just because they are annoying.
I actually would suggest that, assuming they weren't the cause of the problem (once the electrician has been there and seen it), that you DO give them a small rent credit. It is annoying and inconvenient, and they may have to replace SOME food or buy some ice. Maybe $100 off (max). I would send her notice of what you are willing to do (after the problem is fixed). Send it in writing. If she deducts more than that, you can start the eviction process (3, 5, or 7 day notice, depending on your state) for nonpayment of rent.
WOW! Tell them they need Renter Ins to cover their damages! Your ONLY Responsible for the Electric Problems. Wonder IF they complain like this IF the Electric went out do to a Transform blowing... sheesh BTW that's the Electric Co Problem Not yours Not theirs
Like is this like the same tenant who you like had problems with last year like with the rent check and the deposits in like the bank and all? If so, why is she like still there? If this is like a new tenant, you like need to get someone to like screen the people before you like rent the place cause you like keep getting bad tenants.
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