Can a tenant allow access of a detached garage to others ?
Member since 2019 · 8 posts · 0 votes
Can a tenant allow access of a detached garage to others ?
I manage a 10 apartment complex in Buena Park CA where the garages are in a different areas. One of my tenants is on section 8. The father of her daughter came out of prison recently so she allows him access to her garages so he can hangout out there. He invited his gangster friends over too, at night. During the day this guy go inside her apartment. I have to go there and stay up all night like a security guard to prevent these scary gathering and it's taking toll. I plan to give her a 90 day notice on April 1st when the lease ends. Could someone advice ?
How long has this been going on? When did you first become aware of it? Have you talked with your tenant about the matter? What does your rental agreement say about use of the garage, guests, unauthorized occupants, and subletting?
So, the tenant and her daughter are your tenants? And the daughter's father is the one staying at the property? Do you know his name? Have you checked his background? You may be able to find out some info about him from public records on line. Do you know what his offense was that caused him to be incarcerated? Do you know if he is on parole? If so, did he list this address as his residence with the parole officer? Do you know how to contact his parole officer?
You may have an unauthorized occupant if he has established residency, not just a guest. Is he receiving mail at that address? Is it possible he pressured your tenant to allow him to stay?
Serve a legal Notice to Enter. Find out the facts. You need to know more about what is going on. If the tenant is violating one aspect of the rental agreement they are likely to be non-compliant with other terms as well. Observe whether it appears the guy or his buddies are living in the garage or living in the apartment. Don't go alone, take someone with you who is also keenly observant. Take note if there are unusual odors in the garage or apartment. If the daughter is a child, you may find she will spill the beans if you ask her about it when her mom is not in ear shot.
Tell your tenant about what you need her to do. Serve a legal Notice to Cure and send a copy of that to her Section 8 case manager too. Your tenant should have a chance to "come clean" and save her tenancy, unless she has been non-compliant in other ways as well. Some case managers with Section 8 will go to bat for you, so try to establish a good rapport with them and the other folks at your local Housing Authority.
Lastly, learn about CPTED (crime prevention through environmental design) to make your property uninviting to criminals and safer for your tenants. Add security lighting to the garage area, motion detectors, and/or security cameras. Increase your visible presence at the property and check in with your other tenants too to see what they hear and see going on. Take care for your own safety and that of others.
Good luck!
#1. BE SAFE and do not risk your life over this. Put it in perspective, does it REALLY MATTER?? As long as they are not holding hostages, do you need to care this much?
I do feel your pain and do not minimize it. There are solutions for you.
Contact the worker for Section 8 tenant. (Be cautious about having inspections ordered because if the inspector is not on your side they will FIND infractions on your side).
Talk with them, email them and always provide copies to them of any notices that you provide to the tenant.
Understand that tenant cares MUCH MORE about Section 8 subsidy than you. Landlords come and go, but free rent can be forever if they don't mess up like your tenants have.
Next time do not include the garage, since Section 8 does not pay more for the garage, so you have liability for no reward.
Encourage neighbours to phone the police if they feel threatened.
Good luck and be safe.
*IMPORTANT If the tenant is subletting for money or trade they may be putting their Section 8 subsidy at risk.
Ugh, that's messy. It seems like you should be able to give her less notice to move, like 30 or 60 days, on the basis that she is allowing activities which disturb the neighbors. Your California lease agreement should state that ongoing nuisances are a violation of the lease. Is he living there or could reasonably be assumed to be living there by an average person? That would certainly violate both her lease and her Section 8. First, I'd talk to her, then I'd give her a 3 day notice to perform or quit, clearly stating that her lease includes the following named occupants only and her guest and his friends are disturbing the neighbors.
How long has this been going on? When did you first become aware of it? Have you talked with your tenant about the matter? What does your rental agreement say about use of the garage, guests, unauthorized occupants, and subletting?
So, the tenant and her daughter are your tenants? And the daughter's father is the one staying at the property? Do you know his name? Have you checked his background? You may be able to find out some info about him from public records on line. Do you know what his offense was that caused him to be incarcerated? Do you know if he is on parole? If so, did he list this address as his residence with the parole officer? Do you know how to contact his parole officer?
You may have an unauthorized occupant if he has established residency, not just a guest. Is he receiving mail at that address? Is it possible he pressured your tenant to allow him to stay?
Serve a legal Notice to Enter. Find out the facts. You need to know more about what is going on. If the tenant is violating one aspect of the rental agreement they are likely to be non-compliant with other terms as well. Observe whether it appears the guy or his buddies are living in the garage or living in the apartment. Don't go alone, take someone with you who is also keenly observant. Take note if there are unusual odors in the garage or apartment. If the daughter is a child, you may find she will spill the beans if you ask her about it when her mom is not in ear shot.
Tell your tenant about what you need her to do. Serve a legal Notice to Cure and send a copy of that to her Section 8 case manager too. Your tenant should have a chance to "come clean" and save her tenancy, unless she has been non-compliant in other ways as well. Some case managers with Section 8 will go to bat for you, so try to establish a good rapport with them and the other folks at your local Housing Authority.
Lastly, learn about CPTED (crime prevention through environmental design) to make your property uninviting to criminals and safer for your tenants. Add security lighting to the garage area, motion detectors, and/or security cameras. Increase your visible presence at the property and check in with your other tenants too to see what they hear and see going on. Take care for your own safety and that of others.
Good luck!
Thank you all. Thanks Heather, Marcia, and JJ.P
I have spoken to section 8. They said that despite the fact that the garage is detached, it is included in the rent and treated is an integral part of the apartment and the tenant cannot allow access to anyone besides her. Section 8 recommended me to send her a 3 day notice perform or quit. And with probable cause they could grant me a 30 day notice to end her tenancy instead of a 90 day notice as normal.
She has two daughters. And the older daughter I think is living with her grandma since this man is the father of the younger one. I told them she can not allow him access and she said it's not written anywhere in the lease, and the man said it's ok for her to allow him access. He now comes and go at his own will, at anytime. Sometimes he feels like it, he goes up to the apartment. Apparently he does not have to key to the apartment, but he does have the key to the lock on the garage.
I want to put camera on the roof to monitor the gate and the driveway. Do I need to give tenant 30 day notice ?
How about security light ? I want to install some solar powered LED light on the on top the garages, do I need to give tenants 30 day notice ?
I also have talked to Fair Housing foundation, and they said normally, I should serve a 90 day notice. If I need to serve a 30 day notice, the lease must have specifically spelled out. Not sure about this. Anyone wants to chime in on this ? All I know is that section 8 will accept a 30 day notice if there is a proper cause.
I would put up lights and cameras and give each apartment notice that you have upgraded the common area to increase security. Not notice that you will do it, but notice that you are upgrading and improving. It should be treated like a positive thing for them.
Thanks Lynette. So you say i don't have to give them 30 notice beforehand ?
I am sitting in a car right now, it's midnight, one of those guys gave just entered the garage, and then closed the garage door. I think he is going to sleep in there. Should I call the police ?
Tell the tenant the garage is part of her lease and others are not allowed to use it. Serve her with the notice that Marcia, JJ and section 8 people mentioned and tell her if it doesn't stop, she will need to find a new place to live. Tell her you spoke to the section 8 people and what they recommended. The section 8 people told you what to do and they should know, so do what they told you. There is no point you sitting outside the property in your car all night. Take a video of them entering as proof and change the locks on the garage door. Tell the tenant that they are not to give the keys to anyone, period.
I would not waste time trying to stop her from allowing them on the property. She will agree and the guy will be back in short order regardless. Just give notice to terminate/non renew at the end of her lease and be done with it. Every time a landlord, especially with S8, tries to resolve a problem it comes back to bite them. No point in trying to train or work with that type of tenant if you do not approve of their behaviour. They (S8) are untrainable and not to be trusted. Best to simply get rid of them when a problem developes.
Last night I called the police. An officer came, He could have just open the garage because it was unlocked. But he couldn't because "what if the tenant allows that". So we were chatting right outside, I explained the situation. He said to report to section 8, because if then man has a jail record, he cannot enter the tenant's unit. The he saw lights coming out from the garage so he asked me to go inside the car and stood close to the garage door with his hand on the gun, waiting. Then he flashed his flashlight. But nobody came out. So he left. The man inside came out 10 minutes after and ran out on a bicycle.
I will take Marcia's cue and tried to find out about this man's background. If I can find out who his parole officer is, that would be a good move.
a lot of good stuff here, bottom line is you hold the power, use it against the tenant (in a positive helpful way) to redirect her behavior, if that doesnt work continue with sec8 violations and eviction process