Eve379
Registered: 10/22/09
Posts: 2
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Reply with quote | #1 |
This is probably a very simple question for everyone, but I'm trying to be overly cautious. We are about to server our new tenants, who've only been in the unit since August 27th, with an unconditional 3 day notice due to several infractions. My question is- Assuming that they comply with the 3 day notice, are we then required to refund them any rent already paid?? I've tried looking it up via California's consumer affairs Landlord/Tenants Guide, and it does not mention it. I did find a book that stated we don't need to refund it, but wanted to make sure.
These are the absolute worst tenants we've ever had. Their 1st rent payment was 15 days late. We made the mistake of accepting it as a one time thing. Since then they've-
- Never returned the lease agreement.
- Moved an additional adult into the unit which is only 550 sq ft.
- Moved an additional unauthorized Doberman into the unit.
- Refused to clean up after the dogs in common areas, as well as throwing feces out of their backyard into common areas.
- Ruined new carpet by not taking dogs out. They actually told our other tenant the carpet was ruined after only 3 weeks of living there.
- Held all night "Jam" sessions with their rock band with no regard for tenant occupying other half of duplex, or neighbors nearby.
- Harassed other tenant for making a complaint, including cursing out the other tenant right in front of me.
- Constant domestic disputes that even neighbors 5 houses down can hear, including hitting walls, and throwing/breaking items.
- Bringing drugs onto the property. Besides smelling marijuana when walking past their unit, they leave the paraphernalia in the window for all to see. 1 neighbor thinks they are dealing due to constant in an out traffic during the night.
And the list goes on..... Any info/advice would be so greatly appreciated. I'm afraid if we don't succeed at removing them we will lose our other tenants.
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Lovie74
Registered: 04/02/08
Posts: 16
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Reply with quote | #2 |
Evict them immediately! I am not familiar with CA law, but I can't imagine any court that would make you refund any rent monies. Put that eviction notice on the door right now, and go to the magistrate as soon as your notice allows. You can't allow that type of behavior on your property.
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OHlandlord
Registered: 01/20/07
Posts: 1,845
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Reply with quote | #3 |
*Please do not take offense at my post. I may be blunt.* Are you evicting for non-payment of rent? Have they paid a partial rent for this month and you are asking if you have to return that? Or are you simply asking if you have to return all rent monies to them when you evict for other reasons?
Many states do not allow you to evict for non-payment after you have received partial payment of rent for that month. If you have accepted a partial payment of rent for this month, return that. If you mean to return all rent monies received, no. Only the current month's rent is considered on non-payment cases.
I must ask, why hasn't the law been called? Pointed out the drug paraphernalia in plain sight? Asked to investigate the marijuana smell? Told about the constant flow of traffic in and out? That way they could arrest them for drugs in the house and you could evict quickly on that?
Why hasn't the law been called for disturbing the peace for loud music, fights, domestic violence, etc? Nighbors and other tenants should be calliung the law every time they are disturbed by fights or by after hours noise. You could then evict on that since police reportsa document this.
Have you issued perform or quit notices for the lease violations? On unauthorized occupants and pets? On disturbing the peace and interfering with other residents' and neighbors' peaceful enjoyment rights? CA would hold that you issue these before you start to evict on them. You have to give the tenant a chance to correct before you evict. CA is a tenant friendly state!
Did you sign that lease before you gave it to them to sign? If so, BIG mistake. Tenant always signs first, then returns to you for you to sign. You always get signatuires and all move in monies before they get keys. They could now sign that lease at any time and make it a binding lease. If you didn't sign it, you can terminate them as month to month tenants since they have no lease signed by you (assuming this isn't rent control). IF you didn't sign that lease and it isn't rent control, you can simply give them a 30 day written notice to move out. No reason would be needed. Otherwise, you must follow procedure to terminate the lease by issuing the Perform or Quit notices (thus offering them a chance to change their bad behaviors). If they continue to repeat the behavior that notices were issued on, you can then terminate.
You need to get on documenting this ASAP! Get written statements from neighbors and other tenant about disturbances. Give notice to enter the house to perform "fall maintenance" such as changing the furnace filters, checking the smoke detectors, looking for roof leaks in the ceilings, etc. You need to check these things to make sure the house is good to go for winter, after all! (This will get you into the house to inspect without giving inspection as a reason.) Look for all lease violations. Serve the Perform or Quit notices on all the violations now (unauthorized pets, unauthorized occupants, damages to house must be repaired by tenant, etc.). When they expire, give notice to inspect for the lease violation cures. Inspect after the perform or quit notices expire to see if these conditions have been corrected. If not, file the 3 day on failure to perform under the notices.
It really seems as if you do not know the procedures for this. For that reason, and because these tenants seem to be professionals and are PITAs, you should consult an eviction attorney for this. You want to contact a flat rate eviction specialist, NOT a real estate attorney who also does evictions! If you don't know one, go to the eviction court on hearing day and get a card from one who seems knowledgeable.
One more question, did you thoroughly screen these tenants before renting to them? Do background checks, criminal & eviction histories, call and speak to former and present LLs (verifying that those were their LLs first)? Check employment or income? And so on? I suspect you didn't or were tricked into calling their friends for the references. Once they are out and you are ready to re-rent, please read up on the correct procedures to screen tenants so this doesn't happen again. Or re-post here and we will help you.
Good luck.
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Eve379
Registered: 10/22/09
Posts: 2
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Reply with quote | #4 |
Just an update... They are currently moving! 
In reference to OH's question. No, I wasn't evicting them for non-payment, and yes, I'm all too familiar with the Landlord/Tenant laws for California. I knew which offenses allowed for me to give a 3 day notice. The 3 day notice I served them with wasn't a 3 day notice to pay or quit; It was a 3 day notice non curable breach.. (Specifically for all the different lease violations, as well as creating a nuisance for our other tenants). The area of confusion was since they paid through the end of the month, did I have to refund them their rent if the 3-day required them to move on the 27th. I finally found the info stating that they were not entitled to a refund since they willfully breached the lease agreement.
As far as why the law hadn't been called.. Well... The next door neighbor is a county sheriff, the neighbor above them is Los Angeles PD. It was actually the LAPD officer who saw the paraphernalia in the window when she went down to see who's dogs wouldn't stop barking. Unfortunately without seeing the Marijuana itself, it was no good since it can be claimed that their "Bong" is a tobacco smoking device. She did alert the Sheriff that patrols our area to keep an eye, but without catching them in the act its pretty difficult. Also, CA is a very pot friendly state. They'd really have to be caught in the act of dealing to get into any trouble. Everyone has "prescriptions" for it now, so its a real pain in the behind!
We issued several notices to the tenants in regards to complying with the lease agreement. We gave 1 for the additional occupant; 1 for the additional pet; 1 for the failure to remove pet waste; 1 for throwing pet waste over the fence into the common area (Still cant believe they did that!); as well as noise. I actually think there were others but I dont have the file in front of me. Those are just what we started with. We assumed that although they were 23 yrs old, that this might be their first "On their own" experience and that they possibly just didnt understand how to co-exist with others. We genuinely thought that they just lacked common sense, and would be able to comprehend the notices and fix it. We were very wrong. With every notice, they got worse. We finally informed them that if it continued we would be forced to serve them with a 3 day non-curable notice. The following night, they began pounding on the drums, and screaming obscenities about the other tenants and neighbors. I went to the property to hear it for myself and was shocked. When I came the next morning to serve the papers, they were in the middle of a domestic dispute. I'm just glad they're leaving!
Also, in regards to the lease agreement. No, I did not sign it first. Also, in California an oral rental agreement is valid for up to 1 year. So even without the signed copy we are ok. Also, the violations that they were given notice to leave for were not simply provisions in their lease, they were violations of California Landlord/tenant laws. We had a laundry list of things that we could have evicted them for, but instead chose the most rock solid violations. And yes, everything is documented, and not just on paper.
btw.. I'm actually very familiar with the procedures of my state. I've been doing rentals for 9 years, and this is my first problem. As I stated in my original post, I was being overly cautious by asking a question I already knew the answer to. I was hoping to find people who had gone through the same situation after serving a 3 day. I also wouldnt classify these tenants as "Pro's".. I think they are stupid kids who lack common sense, and consideration. They assumed they were in "their own place" and could do whatever they want. They're going to have a real shock coming when the same thing happens at their next place. And as far as screening these kids... Well, unfortunately I was out of town. This was the handiwork of someone else, and I've yet to figure out what she was thinking. When i returned, they had moved into the unit. Personally, I wouldn't have bothered with a background check with this couple. I knew the second I looked at their application that there would be issues. Unfortunately I was reassured that she could handle this task for me, but obviously they and I were mistaken. Back to doing it myself. Luckily, I'm a paralegal and one of the attorneys I work for allows me to do background checks through their service so I don't have to pay for them.
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OHlandlord
Registered: 01/20/07
Posts: 1,845
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Reply with quote | #5 |
Excellent! Glad to hear you have been documenting everything. CA can be extremely tenant friendly! Oral agreements here are considered no more than a month to month without written documents. (You LLs need more rights out there!)
I had forgotten that CA was pot friendly too. Being so far away and with marijuana (even a little here) illegal, it never occurred that they could do nothing with paraphernalia. You can get tickets or be arrested for that here. They'd just test the bong for pot. If it came up positive, they'd be in trouble here.
Hurray, that they are moving. Make sure they do and aren't just saying it. If they don't, go ahead and file for eviction. Definitely file on the most solid and easily evictible violation.
Consider yourself lucky that this is your first real problem. In a state that allows tenants to get by with so much, I have heard horror stories of these tenants out there. Let us know when they are out and what damage they have. Q- Do you still have to offer the PMI if you are terminating their tenancy? I would assume so in your state. Just be sure to follow the law to the letter so they can't file someting against you. Best of luck.
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