I posted awhile ago about some tenants who wanted brought a portable firepit on the property and did some other lease violations.

I just went over there today to do an AC filter and there is a gigantic portable pool in the backyard with a filtration system. I told him that can't be there and he said he would get rid of it today.

One year lease ends on June 30.

" Would you try to work things out at this point? "

No. One bad fire or drowned person and you'll lose 10 years of paid rent to legal costs plus possible the house also when your insurance refuses to pay for allowing known attractive nuisances on the property.

Issue official notice to Cure or Quit today, and if the violations are not gone by Monday file to evict. Also include written warning that any further lease violations will result in eviction, period. No more "asking nicely to take down the trampoline." That will be April's violation, in case you're wondering where that came from.

Is this against "your" policy, your insurance company policy or local code?

If it's a SFH and you just don't want the "liability" if something should occur I would reach out to your agent and just ask them some questions (such as what if my renter has a pool?).

Most would likely indicate that you just need to be named first insured so if something should occur you aren't the first one in line - they are.

Maybe things are different in FL but here my agent doesn't seem "to care". I know there are agencies around that have the "list" of breeds of dogs that are not allowed and if the tenant has one on the list then either get rid of the dog, the tenant or the policy is canceled. Mine just states "make sure you are first insured".

Same thing with pools - our insurance doesn't go "UP" because we have a pool ... "just make sure it's compliant with local and state codes - such as grounded properly, fencing as applicable, etc".

I'm only asking and stating that because if they end up doing something (such as the pool or trampoline) and you didn't notice it but something 'happened' where they got hurt - You would be "better prepared" with that scenario.

I'm not indicating that you shouldn't 'care' what they do regardless if it's your policy, local code or insurance. I'm just saying to CYA because they obviously are just going to do what they want.

Also - I don't know what I would do - sometimes it is difficult to evict unless it's against code, etc and not just "your policy". I probably would just not offer the extension of the lease. Maybe let them know "sooner than later" - sometimes they will leave BEFORE (if that's what you want).

Thanks for the replies.

Honestly I'm not sure if "no portable pools" is in the lease or not. This place was managed by a PM for awhile (no longer) but these tenants are still on the PM lease until June 30 when it ends. I will have to go back to that lease and look.

J of FL, I am surprised that the county or city has not posted a violation for the pool not having a fence and being secured.

Two issues are Liability and Security!

Go review Florida Statues for proper eviction for the two breaches of the lease. You want to make sure you are giving proper notice and one of the 4 remedies for eviction should work for you. I think since you have given notice for the fire pit now its a quicker eviction. Double check the Florida Statue for evictions.

Tom thanks but there is nothing in the lease about firepits. They asked me if they could build a permanent one, I said no verbally, then they brought in a portable one.

I'd give them notice to leave at the end of their lease. They are suffering from a lack of common sense, disrespect, and a misunderstanding about who owns the property.

They are a liability issue. Besides which, what sort of idiot thinks it is ok to get a portable firepit after being told they can't build a firepit.

Way too much babysitting involved for me. You have to check what they are doing non-stop.

My lease says no water filled pools or water filled furniture. You might add that to the next lease.

Right Oregon, that's exactly how it is with this group. I'm always waiting for the next shoe to drop with them.

I was going to let them stay month to month after June before this incident this morning, but this is the last straw.

The only question now is whether to send them more warnings or C/Q notices in addition to the notice of non-renewal?

J,

I went back and read your previous post on this matter.

What I see is a normal, everyday management problem NOT a resident problem, combined with Wimpy-Lease-itis. This can easily be fixed to save you time, hassle, and money.

From what you wrote, you said firepits are not mentioned in the lease, so I'll guess pools are not listed either.

Did anyone ORIENT the resident at lease signing? The agent, the LL?

How can we expect the res to do what we want if we do not tell them? If you, the agent, or the lease did not specify something, then they have not violated anything.

I see no disrespect or challenge of your authority. What I see is lack of communication to the res.

Firepit: you said nothing permanent. They followed your instructions. Cannot blame them for that.

Cat: no biggie. EVERYONE sneaks in pets. It's not a slap in your face. I'm guessing that just like the firpit and pool no one told them they could not have a cat at lease signing.

Just add the $150 Non-Refundable Animal Registration Fee and $35 per month retroactive the the start of the lease. You'll make more money.

Rather than kick out a paying and peaceful resident, step up and manage. Send them your firepit and pool policy in writing, and require they clean up the clutter.

My lease is clear: No outside storage other than furniture and play equipment made for the outdoors, and outdoor grills. Riding toys, plastic kitchen sets, etc are not suitable for outdoor storage.

BRAD

part 2,

Whatever we SAY to our residents is meaningless. They forget, we talk to one but not the spouse, they hear what they want to hear...

put EVERYTHING in writing. That's why my lease is so long. It's all there, black and white, plain English.

We spend about an hour at lease signing (orientation) to collect funds and review the rules in the lease.

This hour saves me HOURS and HOURS of grief and headaches during their tenancy.

If it's important, it should be in the lease AND taught to the new res at orientation. As time passes we sometimes have to remind the res of the rules by simply copying that page with their initials on it, and mail it to them. E Z Management! and not exasperating the res.

J of FL, time to chance the lease. Making it stronger with regard to fire pits and pools etc.

Order Jeffreys and Brads20K leases from this site and review them see how strong their leases are compared to your lease. ITs time to improve your lease.

Of course a tenant in the future will challenge or ignore your lease or your notices or your request to not permit something HOWEVER, now you have a strong lease to STOP and/or evict these breaches of the lease.

I would be very concerned that NO MATTER WHAT language you put in your lease, the result should there be "an event" would be the same.

The LL SHOULD HAVE KNOWN about the pool, the dangerous dog-fire-pit the trampoline and the poor T has no $ to attach so guess who gets hit with at least the Aggravation & likely the cost of defense.

As many others here have said "its their home but its YOUR HOUSE!" YOU have to protect it.

My theory is if the tenants are just PITAs, I raise the rent to make it worth my while to have them there. If they leave, so be it, if they stay I get compensated. But I also have m2m agreements, so if they are more than I want to deal with, I just give them notice.

If you want them out early, then let them out of the lease. If you want the place a few weeks before the end of the month to fix, upgrade, etc. Prorate the month. I would not offer it right away. Feel them out for what they want to do.

Thanks Linda...I would be totally willing to "work with them" to some extent but good advice not to offer too much too soon.

Would send a certified letter first about the termination, or speak to them on the phone first and then send the letter? And would you give a reason, or none?

J,

You wrote 'I told him that can't be there and he said he would get rid of it today.'

Sounds like a cooperative resident to me.

Based on what you have posted I don't see a bad resident.

ANY new resident, without lease orientation will do the same and you'll lose turnover costs.

BRAD

"ANY new resident, without lease orientation will do the same and you'll lose turnover costs."

Respectfully Brad, that hasn't been my personal experience with most other tenants I've had...I've only had one or two other groups that even approached this behavior. Generally I've found people ask if something's ok to do first--they may argue with me about it if I say no, but they ask. Or if they do something that's not allowed they are at least somewhat discreet about it. Yes the written lease does need some things added though.

I only know what is the norm for my area and neighborhoods and what kind of tenants I deal with here.