Nuisance Tenant in Duplex
Need advice from more experienced self-managed landlords. I inherited a tenant in a duplex who I am unable to evict because of CA laws. They feel the need to tell me they’ve been there 9 years and that they know their tenant rights in every interaction I have.
They dislike the new tenants in front and have complained about smoking (not allowed) and loud fights. I have spoken to the front Tenant and they said they are not even home from work yet at the time mentioned in the complaint. As for the smoking my maintenance guy was there a few days ago and said there was no signs of it and the tenant also denies it. I believe them but what do I do with the complaining tenant? Do I tell them I’ve addressed their complaint and leave it at that? I don’t want to give them more info/ammo than necessary.
Quote from @Brenda Garcia:I would tell them to call the police if needed for the fights and that you have checked on the smoking issue and it's been denied. But to put their complaint in writing and you will keep it on file.
Need advice from more experienced self-managed landlords. I inherited a tenant in a duplex who I am unable to evict because of CA laws. They feel the need to tell me they’ve been there 9 years and that they know their tenant rights in every interaction I have.
They dislike the new tenants in front and have complained about smoking (not allowed) and loud fights. I have spoken to the front Tenant and they said they are not even home from work yet at the time mentioned in the complaint. As for the smoking my maintenance guy was there a few days ago and said there was no signs of it and the tenant also denies it. I believe them but what do I do with the complaining tenant? Do I tell them I’ve addressed their complaint and leave it at that? I don’t want to give them more info/ammo than necessary.
@Brenda Garcia I am having similar problems. The consensus has been to not renew the lease. Or to just raise the rent to make it more worth while to deal with them.
Not being familiar with California laws I would advise consulting an attorney to attempt to either raise the rent if possible or to evict. There has to be some kind of legal process for this.
Quote from @Brenda Garcia:
Need advice from more experienced self-managed landlords. I inherited a tenant in a duplex who I am unable to evict because of CA laws. They feel the need to tell me they’ve been there 9 years and that they know their tenant rights in every interaction I have.
They dislike the new tenants in front and have complained about smoking (not allowed) and loud fights. I have spoken to the front Tenant and they said they are not even home from work yet at the time mentioned in the complaint. As for the smoking my maintenance guy was there a few days ago and said there was no signs of it and the tenant also denies it. I believe them but what do I do with the complaining tenant? Do I tell them I’ve addressed their complaint and leave it at that? I don’t want to give them more info/ammo than necessary.
It's worth looking at the lease agreement and ensuring they are in compliance. Too often; we, as self managing landlords, allow the tenant to run our business. Give them the required notice to enter their unit for a physical inspection of the property and go in.
There's a real good chance that the lease requires them to do several things: upkeep on the unit is a big one (damage to property), weeds outside and landscaping (which encourage pests and insects to inhabit the property), pets authorized or not, additional tenants on the property that are not on the lease. Tenants in CA think they have all of the power but they don't, we as the landlord need to understand the lease in place and can then take back an equal position to them.
Damage to the unit like a doorknob hole in the wall? Make them use their renters insurance or evict for failing to upkeep the unit and lease agreement. If you don't require them to have that then you need to look at asset management and property management a little bit more diligently.
They are likely in violation of the lease agreement in this moment and you can evict based on one of those issues.
Do they pay rent on time every month, if not - evict. Often times these kinds of tenants can be equated to a bully on the playground. Once you stand up to them, they'll leave you alone. So I would encourage going through the lease diligently and being a proactive property manager and not a reactive one.
Get creative, buy a $200 security system and place them facing the common areas and exterior of the property for the tenants safety. There's a chance they'll find that invasive, but just like the government - we are doing it for their safety and well-being.
Are you close enough to move into the unit that they are occupying? Give them a 60 day notice to vacate and move into the unit.
There's a lot of ways, just like creative financing - we can be creative landlords.
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Real Estate Agent CALIFORNIA (CA) (#02109522)
- 209-409-4225
Stop having "interactions" with them. When they send a text or email reply in a couple of days. It's none of their business what is going on with the other tenants in the building. Just tell them, appropriate follow up will take place. Do not have telephone conversations. Let them leave a message and then reply by text or email. When someone tells me they "know their rights" I quip back, "good for you, we certainly know ours."
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@Brenda Garcia appear you may be responding like their intimidation tactics are working:(
You do need to know the laws better than the tenants!
Would have asked them for proof of their smoking claims, as not worth responding to otherwise.
Regarding fights, they need to call the police.
You are NOT a babysitter or mediator.
If something is not worth them calling the police over, a landlord does not get involved. It is a no-win situation for the landlord.
Easy fix! NEVER INVEST IN CALIFORNIA OR NEW YORK!
I hate to say it, but this is when a PM would be really valuable and you need to decide if the stress and time suck is worth the "savings."
The tenants say they know their rights- do YOU know their rights? Do you know your rights?
Things may lean towards the tenant in CA, but there's no where on the planet where a lease violation has no consequenses. There's no secret, you have to enforce your lease.
You definitely have something in there about quiet enjoyment- serve your tenant a leave violation notice so they know you are serious. You have to keep at it and file for eviction if there is no improvement.
Will it be awkward and maybe intimidating? Yep- but it's much better than avoiding things for months or years on end.
You can hire a process server- that's probably the best place to start.
Best of luck!
Quote from @Brenda Garcia:
Notify the complainant that you investigated twice and see no evidence of smoking. That's it.
Tenants have occupied nine years, they claim to know more about rights than you, and they are acting as if they own the place. I'm willing to bet dollars to donuts they pay below market rates. I would hire a professional to work on getting them out.
