State Specific Question About: CALIFORNIA (CA)

I have a tenant who I rented an in-law unit to with a one year lease. She has been here less than 2 months. She is not in violation of the lease but has been very hostile and troublesome and I don't want her making my life hell at my home residence. I want to get her to move but don't believe I have cause for eviction.

There are no specific rental ordinances, rent control or other local agencies involved in our area.

Can I ask this person to move? I am willing to void the lease and give her up to 60 days to find a new place. I would also allow her a discount from her rent to offset her moving costs.

THat's why I don't do leases. MTM is much easier to get rid of.

Taking the actions recommended by some of the above responses could also lead to more problems to you...since a pro-PITA tenant may know that they can charge you with "retaliation"....and wind up with you in deeper doo doo..

You have to know where to draw the line on "over the line" retaliation measures..based on your past experiences in such...if no experiences...be very careful...

You may have read other posts about the Happy Clause...if not do a site search to read...

Thanks. I'm surprised at these comments. I would never do any of the things that some of these people suggested. I'm a responsible landlord and most of the suggestions above are illegal. Besides that, they are counter productive and wrong.

You wrote:

"She is not in violation of the lease but has been very hostile and troublesome"

"I politely have asked her to consider moving. She is not cooperating."

I agree about standing up but I don't think being polite or at least professional is a sign of weakness.

Legally I can't force her to leave. Antagonizing her further is not in my best interest. It only increases stress and bad feelings which affects my quality of life too.

I'm not weak. She is probably intimidated by me and that may be part of her reaction. Worst case I get her out at the end of the lease which is in 10 months. I'll just have to live with it until then.

Try diplomacy. Try killing her... with KINDNESS.

Is it her? Or is it you? How is she being hostile and troublesome? Or are you making HER life miserable?

Just curious. 'Cause my sister and mother shared a 2 family home with easy access connecting doors and when my mother died, my sister kept mom's apartment vacant because sister was the most picky person who wanted to control everything and everybody and she knew she would not be able to put up with a tenant. She wouldn't even let her grandson move in to be closer to his job. Some people just can't be landlords

It hasn't been stated... so I'll ask.

Exactly what is she doing that causes you to want her to leave? As others stated above; I only use MTM leases as well. That way if there are personality conflicts then I can simply give them their proper notice and send them on their way.

rob, many of us have been where you are. My experience with one seriously troublesome pair of tenants and another pair who were somewhat less so made me sit and think hard about what I might have to look out for in the future when interviewing. In other words, I made sure that I learned something from the experience that could help me to do better in the future.

For instance, I compared their interviews to those of good tenants that we've had. The PITAs when viewing the place were less business-like, overly friendly, and just SO happy to find my place. They also told some realistic-sounding tale of personal difficulty, not wild enough to arouse suspicion, but something that upon reflection is not something that you should be sharing with a stranger. The good tenants were business-like, somewhat friendly but focused on the important points of the rental and the lease, and told no personal tales.

You may find something upon reflection that will help you to avoid this situation in the future. Meanwhile, keep doing the right thing - you'll be able to live with yourself, knowing that you remained professional over the course of the relationship.

Wilma... it is interesting how you describe your PITAs. My observations about three major PITAs that I had (two broke their lease and one was eventually evicted) was that they were very business-like, had great income, not very friendly and gave an impression that they are about it all.

Gosh Lori, such animosity! I don't have any such agenda. I was looking for advice and when people suggested that I should cut her a/c and harass her I was a little shocked. I guess I expected more professional comments.

I'm not a whiner and I appreciate what was said but I don't think anyone should take it personally if I disagree about harassing a tenant. I believe in treating everyone with respect.

I'm going to make an attempt to offer her some moving costs in agreement for an earlier termination but if that doesn't work I'll just sit it out until her lease is up and then ask her to leave.

I'm thinking a lot about the suggestions to go month to month and I think that's worth considering. I'll still use a lease document but maybe I'll reduce the term to 6 months or else do month to month.

to repeat what Jon S asked:

Rob, I agree that trying to make her live miserable is NOT a proper way to proceed. I would simply inform her that I do not think she is happy in her unit, that I will not be renewing the lease when it is up, and that if and when she wishes to be released from her lease early, I would be happy to do it, and I would consider contributing to her moving costs if she moves out in the next 2 months.

I also would seriously consider using a MTM or a 3 mo or a 6 mo lease period for a M-I-L apartment in my own home. I've never had a tenant share a home with me, but I'd be very cautious with that situation, because of the very problem you are now having.

Good luck!

Success!

She's moving out and I don't have to pay any move expenses.

A little patience and not losing my temper paid off. She's moving this week.