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We are renting out our lake house to a family of 3 for one year. On the property is a cabin. We only charge them 2/3 of what the monthly mortgage is because we figured we would be using the cabin off and on during the summer. Summer is now here and we feel so unwelcome when we arrive at the property that we have stopped going over. They have demanded that we call them ahead of time anytime that we are showing up. They clearly knew that when they signed the lease that we had use of the property. There are 3 parking spots, the lease only allowed them 2. they are using all 3. So when we show up, we have to park on the lawn! We received a text message from the tenant to please not to park on the lawn as he was paying to have it mowed and didn't want ruts on it! Anytime we remind them what the lease says, they accuse us of harassing them and even have called the cops. As the cops have explained to them, it is our property, we have a right to go on to it and use our cabin. All we have to do is give them a 24 hr notice to enter the house that they are renting.
We had a riding mower that we wanted to bring over to our other house, but the tenant wanted to use it to mow the lawn. So we left it but told him at some point we may come and get it. Anyhow, he has been hiring the guy down the road to mow. We decided since it was just sitting there and he wasn't using it, we as well be using it as we have been manually mowing our lawn. He had a fit when we asked for the key back. He said we said he could use it. These are only a couple of many things... how do we get our power back? They pay their rent on time and they do keep the place looking nice. We have every right to use our cabin.
It's your property & you're allowing the tenant to bully you. Follow the terms of your lease & simply notify the tenant that it will not be renewed at the end of it's term. When these tenants move, either stop renting the property, or hire a p.m. to clearly explain the lease terms, then stick to them. Two cars allowed & 3 cars on the property? Have one towed. Don't ever loan things to a tenant, it's a business relationship, not a personal one. The rent charged for a property has nothing to do with your mortgage. The market sets the rent - rent may be way higher or way lower than your payment. Again, it's a business.
Act like you actually own the property, follow the terms of the lease exactly and evict them if necessary.
Follow eviction requirements for your area exactly and hire an attorney if you have to.
There is not a renter who would tell me the owner what to do on the property I own, they would have been gone yesterday.
Can you post the portions of the lease that specify how much use of the property you have?
Typically if you rent out a home to someone and you aren't living there,then the it's fully the renter's place and the only way the landlord comes into the picture is to fix issues or to inspect/repair on occassion, with notice to the tenant given beforehand.
Sounds like the renter assumes this situation. Also if the police were called and you were told you had to give 24hr notice, the police assume this typical landlord-tenant relationship also.
This is why we need to see how your lease is written. Are you saying they have exclusive use of the lake "house" but there is a separate "cabin" that is set aside for landlord's use? I am confused on what is shared between landlord tenant.
This is not at all a normal situation so it completely depends on the wording of the lease. Any conversations about it outside of the lease language doesn't matter.
This is not at all a normal situation so it completely depends on the wording of the lease. Any conversations about it outside of the lease language doesn't matter.
Why would you place yourself in such a convoluted situation in the first place?
Sounds like the renter assumes this situation. Also if the police were called and you were told you had to give 24hr notice, the police assume this typical landlord-tenant relationship also.
The police told the tenants that the OP has the right to go on their own property and use the cabin. They only need to give 24 hours notice if they are entering the lake house, which is separate from the cabin. The police sided with the OP, not the tenants.
The police told the tenants that the OP has the right to go on their own property and use the cabin. They only need to give 24 hours notice if they are entering the lake house, which is separate from the cabin. The police sided with the OP, not the tenants.
I see...Good catch. I didn't gather that there was a second dwelling on the property. Most of us read "Lake House" and "Cabin" as the same thing.
Can you post the portions of the lease that specify how much use of the property you have?
Typically if you rent out a home to someone and you aren't living there,then the it's fully the renter's place and the only way the landlord comes into the picture is to fix issues or to inspect/repair on occassion, with notice to the tenant given beforehand.
Sounds like the renter assumes this situation. Also if the police were called and you were told you had to give 24hr notice, the police assume this typical landlord-tenant relationship also.
This is why we need to see how your lease is written. Are you saying they have exclusive use of the lake "house" but there is a separate "cabin" that is set aside for landlord's use? I am confused on what is shared between landlord tenant.
Quote:
Originally Posted by AZ Manager
This is not at all a normal situation so it completely depends on the wording of the lease. Any conversations about it outside of the lease language doesn't matter.
I agree with both. The lease will determine exactly what rights the landlord has. Landlord need to remember that even though it's their property, in most states, the doctrine of quiet enjoyment applies to the rented property as a whole unless specifically excluded. If the landlord used a generic lease or foolishly constructed their own lease without specifically addressing this dual tenancy issue, they are the ones who screwed up and have to live with their mistake.
This has nothing to do with backbones or property rights, its basic landlord tenant law 101!
As for the police, the story isn't adding up. Unless the police had the lease in their hands, it sounds like they are using the 24 hour notice to enter the house acting as the landlord and limiting their activities to that of a landlord, and they mentioned some right to enter and live in the cabin, but that sounds more like typical LEO ignorance of landlord tenant laws. I certainly wouldn't put my trust in that statement unless they had the legal interpretative backing of an attorney who read the lease or a judge. What the police tells a landlord certainly isn't binding on a Judge if it violated the tenant's rights.
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