I've been a landlord almost 30 years and learned a lot from experience and this site. But I'm stumped on this one. I have a tenant, a 21 year old male, who moved in two months ago in my owner-occupied duplex. In that time there have been violations of the guest policy the non-smoking provision and entrances have been left unlocked, all covered in the lease,.I suspect that he has a friend living with him at least part-time, which he denies. I've spoken or texted him about all of these matters. He agrees it but behavior continues. At least he has been prompt with his rent payments,

I plan to send him a nice but firm letter outlining the violations and asking him to move in 30 days and offering his deposit back if he does. I planned to follow up with a 15 day cure or quit notice if things continued.

But I wonder if I am screwing myself in case I do need to file for eviction. Should I get legal right away and send him a cure or quit along with the letter? Should I include all three violations on one notice or do three separate ones?

Is a letter violating the legal notice provision? Should I send him the letter without asking him explicitly to move?. I would much prefer to not get all legal with him at this stage.

If you have the legal right to terminate his tenancy on medium notice ( 30 days or so) then why not, if you want him gone.

Send a professional sounding letter, saying that you are unable to offer him further housing after some date, and give him notice about showing the unit.

You can accept rent until the date that you gave for his vacation, but don't accept rent after he is expected to be gone. You should be able to depend on your local judge to afford you your legal right to terminate the tenancy if you have given proper notice (assuming that you had that right). If you have this right, there is no need to say anything about violations in your letter.

If he's on MTM, just give him a 30 day non-renewal notice, no reason needed you just what the unit back. He already knows what lease provisions he's violated and he obviously is not going to change. So a stern letter will not motivate him to change nor straighten up. Your just hoping it will change him. It will not.

If he has 10 months to go on a lease, you can't simply tell him to go. You need to either convince him to leave voluntarily, or else get ready for a court fight to convince a judge that he has materially broken his covenants or the law, and that you deserve under the law to have his lease terminated.

Easier way is to convince him to leave voluntarily. Try offering him money.

I like Moshe's first response...the second one is pretty good too.

One thing I will say: courts outside of CA and New England seem to take a harder line on tenants living up to their end of the bargain. I say this because of the comment about convincing a judge that a tenant has materially broken his lease. Smoking absolutely would be a slam dunk eviction in this case in my town, in particular if you have evidence (i.e. picture of ash trash/cigarette butts inside the unit...tenant's text/email acknowledging smoking, etc). Guest might be a little tougher, but still material violation I think. Unlocked door can be chalked up to forgetfulness. I wouldn't press that issue.

As Moshe said, it MIGHT be cheaper to buy him out if you really want him gone. HOWEVER, I'd also do some research since you are an owner occupant of the property. Some states give extra rights to land lords who live in the building with their tenants. Might be able to get him out faster, cheaper, quicker. Read up on your state LL/tenant laws and consider calling an experienced LL/tenant attorney.

But before all that, I think Step 1 is to decide if you want this guy or not. Your responses so far are wishy-washy. If he does X I want him to stay; if he doesn't I don't. Making up your mind will help you proceed with laser focus and get to resolution more quickly. Flexibility in a case like this costs time and money.

Janie,

I would not pay for an atty yet. The attys I talk to are lousy at getting things done quickly like working out a deal with the res. They like to drag things out to create billable hours and let the wheels of justice grind slowly, all leaving you with lost rent and atty bills.

Most judges and residents don't care about the dates on the lease so don't be timid about the 10 month thing.

I vote for Happy Clause. "Joe, Obviously you are not happy here. (or "Joe, This isn't working out.") I will let you out of your lease if you will vacate by the end of the month . This offer expires at the end of this month."

Do NOT offer money too quickly. He might want to leave. (tired of the landlady bugging him about smoking and guests!) And remember you don't know how much cleaning or repair is needed from that deposit.

If he refuses or drags his feet THEN offer money.

Consider that most renters do not have money available for a deposit on a new place so he might have to juggle paychecks to move.

BRAD

My experience in Ky is that you have the right to terminate the lease if there are violations. I had an attorney and my last eviction was on a MTM. If you want him out, don't

accept rent for November or you start the problem all over again and reward him for his bad behavior. He will just

My experience in Ky is that you have the right to terminate the lease if there are violations. I had an attorney and my last eviction was on a MTM. If you want him out, don't

accept rent for November or you start the problem all over again and reward him for his bad behavior. He will just