Documented with pictures and issued a 3 Day Perform or Quit Notic

Documented with pictures and issued a 3 Day Perform or Quit Notic

Member since 2019 · 24 posts · 12 votes

H Everyone. I delivered a 3 day notice to perform this morning on what we thought was a great tenant.  I took pictures to document what is listed below.  Not sure if that is a violation of anything but I did it anyway (thoughts?).

We received a call on Sunday from the tenant that the AC stopped working. I was able to get an AC company out yesterday (Wednesday) to fix the system.  When I met the AC guy, we walked into the garage to check out the heater/blower portion of the system.  To my surprise, when I walk into the garage I see that it had been partitioned off in half length wise with cubicle style partitioning.  Long story short the other side of the partition had been made into a bedroom (as there was a bed on the floor) /office/game room. In addition, there was a hamster/rodent box in the garage (We have a no animal/pet clause), she had sealed up the vent opening under the side garage door that is there to prevent carbon monoxide poisoning from the gas water heater/gas heater/blower and the gas dryer that all reside in the garage and the last thing is she had put cardboard covering in the garage door windows and the side garage window to the block sun from coming in.

I am told the gentleman that is staying in the garage is the boyfriend of one of the daughters that is a tenant.  That it is against the young mans families religion for him to stay inside the same home as his love interest if they are not married which is why he is staying in the garage and that it is only for the 3 months of summer and EVERY weekend that he stays there the rest of the year.

Before leaving I had a talk with her and I listed the issues to her verbally i.e. He was not a tenant and could not stay in the home, that the garage is not a living space and that there were significant safety issues with what they were doing and that the tenant needed to resolve the garage situation immediately.  I informed her that the only way this person would be allowed to live at the home would be if he qualified and he would have to be on the lease.  He will not qualify as he does not have a job.

I then dropped off the 3 day perform or quit notice this morning.  Curious, are there any issues with me taking the pictures to document the lease violations?  Any thoughts on what I have done or should do next?  I already know we need to make a few changes to our lease i.e. identify on the lease those that allowed to live in the house, add a visit term limit.

Thanks,

Ed

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Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
7y
If you entered the home using proper notice, I believe the photographs are fine. You may wanna check you local laws to be sure though.
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  • Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
    7y
    If you entered the home using proper notice, I believe the photographs are fine. You may wanna check you local laws to be sure though.
  • Member since 2019 · 24 posts · 12 votes
    7y

    Thanks for the reply.  My research appears to point to the same answer.

    Ed

  • Property Manager · Los Angeles, CA · Member since 2017 · 216 posts · 110 votes
    7y

    This may differ based on your geographic location, but under normal circumstances, taking pictures of conditions, objects, violations, and so on are okay as long as they do not depict anything personal in nature.

    In fact, from the details of your post, it appears you did a great job. Follow up may be somewhat difficult, especially if the tenants are not cooperative. Let us know how it turns out and good luck.

  • Rental Property Investor · Cleveland, MN · Member since 2017 · 518 posts · 354 votes
    7y

    Sounds to me like you did everything right. I hope they comply. Good luck!

  • Member since 2019 · 24 posts · 12 votes
    7y

    @ Huber Kim

    Thanks for that.  I am following up on Sunday as I have 24 hour to inspect notice I am delivering to them


    @Jennifer Rysdam

    With the communication we have had since the notice it would appear they are complying.  As I mention to Huber Kim I will be inspecting the compliance on Sunday.

    @Jennifer Rysdam

  • Member since 2019 · 24 posts · 12 votes
    7y
  • Property Manager · Los Angeles, CA · Member since 2017 · 216 posts · 110 votes
    7y
    Originally posted by @Ed Morrison:

    Congrats on managing a challenging situation and getting the ideal outcome. Sometimes stuff does work out!

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