I am moving back to San Diego from New Orleans (doing work there) and my tenants lease isn't up until May....is there anyway to kick her out early without breaking the law? She's also been a really awful tenant, she wants all these repairs done that weren't even in our contract. Please help.
2007-02-07 05:34:34 · 8 answers · asked by prettyinpink 2 in Business & Finance ➔ Renting & Real Estate
I guess I should've been more specific.....she's not requesting repairs, she's requesting new carpet, central heating put in, etc...these things are not something a landlord is required to do!!
2007-02-07 05:45:57 · update #1
How has she been an awful tenant, besides making unreasonable demands? Has she been consistently late with the rent? Has she damaged your property? Has she made any changes that cannot be undone without costing you additional funds without your permission? Has she in any way been in violation of her lease (pets, extra people who aren't named on lease, etc)? If not, sorry but you can't evict her. What you can do is request that she vacate the premises, you will have to give her enough time to find a new residence, and will probably have to make some concessions like refunding her entire deposit, despite any cleaning or repairs you have to make when vacated.
Also, if the "repairs" she wants were not promised to be provided at the time the lease was signed, you are under no obligation to provide them. If she wants to install wall-to-wall carpeting, let her but only with your approval of the carpeting...and when she vacates the residence, she must still leave the property in the condition she found it! (Means she'll have to take the carpeting with her or she'll forfeit her entire deposit AND owe you for the cleaning of said carpeting.)
2007-02-07 06:05:10 · answer #1 · answered by Survivors Ready? 5 · 0⤊ 0⤋
This may help a bit....
The legal process of eviction is done by the landlord acting "In Propria Persona" or retaining an attorney. Uncontested cases usually consume 13 to 30 days. Where a tenant fights or contests their eviction, which would include at least one court hearing, the process will take 30 to 50 days to complete.
If the tenant can show that the landlord is trying to evict him, raise his rent, or otherwise increase his burdens of tenancy in retaliation for his exercise of a legal or constitutional right, then the landlord cannot recover possession from him, or enforce the rent increase or other action. Where the tenant has acted in the exercise of his rights within the past 180 days, the landlord is presumed to be acting in retaliation, and the landlord has the burden of proof of a reason for the eviction or other action. Where the eviction is for non-payment of rent, or the notice of termination of tenancy, or rent increase, specifies satisfactory cause for the action, then the tenant may still raise a defense of retaliation, but the tenant has the burden of proof of retaliation {Civil. Code Sec. 1942.5}.
2007-02-07 05:44:58 · answer #2 · answered by Athera78 3 · 0⤊ 0⤋
The tenant doesn't seem to happy to be there either. I wouldn't tip your hand that you want to move back, but you could tell her something like "You don't seem to be happy staying here, we can shut down the lease early, with no penalty to you, if you'd like to find other housing." Maybe she'll jump at the chance. She probably feels as stuck as you do.
2007-02-07 06:13:02 · answer #3 · answered by Anonymous · 1⤊ 0⤋
I would schedule a hearing with the district justice and terminate the lease or agreement with offering her the deposit if the place was left clean and list from her of repairs that need done. You really owe her three months rent because of you breaking the lease?
2007-02-07 05:41:25 · answer #4 · answered by Patches6 5 · 0⤊ 1⤋
Ha. You dont put repairs in a contract, they're expected of you. So the fact that you're trying to skip out on repairs is sort of amusing.
Ask her if she's interested in breaking the lease. maybe she wants to move anyways.
Otherwise you get to wait until May.
2007-02-07 05:41:03 · answer #5 · answered by Anonymous · 1⤊ 1⤋
No. She has a contract, plus it would take you up to a year to finish eviction proceedings. It's not that long until May, find temporary housing until then, and legally inform her, say in March or April, that you won't be renewing the lease in May. It's not worth the hassle or the legal trouble to do this the wrong way. Wait it out. Good luck
2007-02-07 05:38:34 · answer #6 · answered by hrland 3 · 1⤊ 2⤋
U SUCK! MY BROTHER AND HIS WIFE HAVE A 5 YEAR CONTRACT AND R GOING THRU THE SAME THING, THEY HAD TO CALL THE COPS TO GET THE OWNERS OFF THE PROPERTY (BUT THEY R GREAT TENANTS) THESE PPL GOT MILLIONS AND THEY JUST WANTED SOMEONE TO CLEAN IT UP AND TAKE CARE OF THE ANIMALS, NOW THEY WANT BACK IN!AND LEAVE THEM WITHOUT A PLACE! U HAFTA BUY OUT THEIR LEASE! I THINK U SHOULDVE THOUGHT OF THIS BEFORE U MADE A LEASE. U SHOULD FIND UR OWN PLACE UNTIL APRIL!!!
2007-02-07 05:45:47 · answer #7 · answered by shannonlee05@sbcglobal.net 6 · 0⤊ 4⤋
Since she seems unhappy tell her you will let her out of the lease early without any penalty. (except of course damaged property)
2007-02-07 05:44:34 · answer #8 · answered by Luchador 4 · 0⤊ 1⤋