My tenants called me that the furnace was acting up. I decided to go have a look myself and found them having a clothing yard sale. It is Wednesday so I'm pretty such this isn't a yearly 'garage sale'.
I fixed the furnace and I didn't say anything about the yard sale so I could review the lease before saying anything.
This is the only thing I could find in the lease we have with them "The Tenant agrees to use the premises only as a residence for self, and those persons identified on application."
I don't want things hanging from my drive way cover or continuous strangers coming to the property thinking this is a place of business. I can think of many reasons why this all bad.
I have them on month to month and pretty fed up with them due to non-payment in the past.
Advice, suggestions, recommendations, PLEASE.
I would recommend checking local jurisdictions for the city/county where the property is. I know that in my cities in California, there are restrictions of how many yard sales per year / how many days they can last. If you find that there are limits, you can pursue an angle of breaking the law.
If you have an active HOA then check the by-laws, it may forbid garage or yard sales. If they miss another payment then begin the eviction process and\or do not renew the monthly lease. I understand that turnovers and vacancy loss are the biggest cost for any SFR, so that needs to be taken into consideration. If you get a new tenant then add new clauses to the lease. Hope this helps.
"I have them on month to month and pretty fed up with them due to non-payment in the past."
Your solution is called "non renew"
Only lazy landlords tolerate bad tenants. Good tenants are a dime a dozen (90% of tenant pool are good) so why are you struggling to hold on to one of the 10% bad ones.
It's your business, you make the decisions. What are you afraid of besides the minor costs. Go find yourself a good tenant and start enjoying being a landlord again.
Well... if they want to actually sell something they have to advertise. That means a phone number and or the address is up somewhere (probably craigslist). But if they had nonpayment issues in the past and actually are having weekly yard sales and you shut that down you're probably going to have..........more non payment issues.
No need to overthink this or search for a reason. You have stated that your tenant is month to month so:
A. Give them the required 30 day notice to terminate the lease and find another tenant
B. Give them the required 30 day notice and provide them with a new lease prohibiting yard sales. You can also raise the rent
C. Do nothing and keep them month to month and maybe enhance your wardrobe on Wednesdays
I would suggest you just start over and find better tenants. I'm guessing that if they don't pay on time and have mid-week yard sales, that they likely don't work much either. Also, how do they keep the property? Tidy or messy?
I would not recommend offering them a new lease. If you keep them, keep them month to month! Do not commit yourself to these people with a long lease. Hopefully you just go ahead and give them notice to move out. And in the meantime, if they do not pay rent, go ahead and also file eviction. So they'll either be out due to eviction or be out due to the notice to vacate...which ever happens first.
Thanks everyone for input. I sent them a 'violation' letter asking them to stop. Due to my pending trips I was putting off removing them. It is that time so I will send them the 30 day notice to leave.
@Greg H. "...enhance your wardrobe..." <--- very funny, lol.
Let the thread know how you ultimately solve it.
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