Posted by Sailor on September 28, 2008 at 09:09:01:
It’s difficult without seeing both your lease & the exact terms of your offer. If you read my posts you’ll know I don’t give leases because they hold landlords hostage w/out any benefit I’ve ever discovered.
You have toxic tenants that will never be satisfied. This is not legal advice (though I’m happy to expound on almost any anthropological or trailer-related topics), but I’d go into Hardy Boy mode (for me, it’s Nancy Drew) & follow the trail of previous landlords. Know with whom you are dealing, & document what they’ve done to other landlords. IF you are very-well documented & make your case in person (perhaps w/a newpaper reporter in tow) actually might interest a novice ADA into investigation potential fraud.
Whatever path I took I would not attempt to pacify these people. You could sign over your 1st born child to them & they wouldn’t be happy. The game is to make so many outrageous demands that you are distracted from noticing they don’t pay rent. You are losing valuable time by not nipping this in the bud. I’d put on my mean-SOB-landlord hat & make constant outrageous demands on them, all the while filing eviction papers. I’ve been out of CA for many years, so don’t know you laws anymore, but I’d look for other avenues to get them out w/out doing an eviction for back rent. Get them out for breaking some lease term, then sue for back rent once they are out.
I wish you luck, but you’ve got to go active–no time for hand-wringing. I’d be in their faces each & every day wanting to know what they’ve done to correct the damage they caused. I’d also query the neighbors to see what they’ve been up to that you haven’t yet learned.
Posted by Frank-n-CA on September 28, 2008 at 06:00:12:
First I already know I’ve made lots of mistakes! We’re looking for possible positive responsible paths to take from here.
Here is: tenant walks through the property several times and loves it. Evening after moving furniture in (final walkthrough day prior, where their two dogs urinate on the carpets 6 - 8 times and Mrs. Tenant simply pours some “miracle concoction” liberally into the rug with no clean up what so ever!) tenant calls due to the unlivable order in the home. I schedule carpet folks to come and deodorize the carpets they schedule someone else (Stanley Steamer) to provide next day service. Before Stan Steam can get there, the tenants had plugged the toilet, handle stuck and it overflows putting three inches of water on the floor, noticed only by water leaking through the downstairs ceiling. Service call confirms no problem other than plugged toilet with stuck handle. By the end on week one tenants are leaving message with terms like being “constructively evicted” and demanding landlord to install all new wall to wall carpet or give all deposit, any rent payments, and all moving costs to relocate. After saying no way to new carpet and offering all deposit and rent for leaving immediately. Now tenants want to pay for 1/2 the carpet and receive a $100 per month rent decrease over two years. They have a one-year lease and if they leave after one year the remainder gets left on the table. Ohh did I mention Mr. And Mrs. Tenant brought a friend from church to do some moisture testing.
Just telling them to get out is not that easy in CA with the tenant advocacy groups and anti-landlord sentiment.
Ideas on possible positive responsible paths to take from here are appreciated.
Posted by Rich-CA on September 28, 2008 at 17:30:40:
If they are using “constructive eviction” it sounds like they are talking to friends rather than lawyers. In order for you to do constructive eviction, you would have to do something like (but not limited to) turning off the power, changing the locks, disconnecting the gas, and so on.
I would draft a letter saying that due to the damage to the unit, you are releasing them from the rest of their lease. Offer to pay reasonable moving expenses (two day laborers and a U-haul, not a professional mover) to help them on their way. If they ask for a refund of their deposit, inform them that since they caused all the damage to the unit, they can look forward to getting a bill and a major hit on their credit report, but if they leave before you have all that together, at least they might be able to shaft another landlord before it hits their file.
I would not bother with a judgment. A collections agency will keep that on their credit report indefinitely, keep track of where they are and pounce if they have any assets they might be able to get.