I rent out my private separate entrance inlaw which is below my house. I signed a lease which stated very specifically
-Quiet after 9 pm and no more than 2 guests per bedroom and he has his girlfriend plus 4 kids there
-Lets girlfriend stay there all day while he is gone
-I now work from home and cannot focus due to noise
His lease is up August 31
I have mentioned the noise level and he has been a bit argumentative saying he isn't playing music and just having conversation but I can hear baby screaming and them having sex. it is horrible. I told him it cannot go on and send him the lease with high lighted areas
Lease ends 8/31/20 and I offered him to move out early without penalty as I just am so tired of it.
Any suggestions? What paperwork do you suggest I serve?
@Laura Keels We have the added problem that evictions are banned in most areas, so that won't help. If the lease states 2 people per bedroom, how many bedrooms do you have? With 6 people, that would mean a 3 bedroom unit or they are in violation of the lease. Hindsight is great, but this should have been addressed as soon as the girlfriend and her kids moved in.
Look for a notice to cure and state he's in violation of the lease due to the number of occupants and you should have a quiet enjoyment clause in the lease which they are also violating. Kids are going to make noise, they are kids; but it shouldn't be all of the time.
Make sure you give him the proper notice that you are not renewing his lease (30-60 days depending on your lease and location).
I would just wait it out. Getting an eviction started now and involving the attorney is just going to cost you unnecessary monies which will not guarantee they will be out any sooner than Aug 31st. it’s almost July 1st and no matter how fast the Sheriff can serve them, Aug will come very fast. hang in there and do not renew the lease!
Be friendly, don’t start a fight - because they can definitely make it worse. Try out some noise cancelling headphones. It’ll be the best $200 you’ve ever spent.
Then, once they are gone, see if you need more soundproofing. I’m sure some of it is on them, but like hotel rooms, sometimes the walls are just too ‘thin’.
I hear you cannot do anything anyways until August 2nd due to the moratorium due to COVID. So basically tenant can violate the lease and get away with it
@Laura Keels depending on what state you're in, you can still do emergency evictions that are due to things not related to non payment. Given that it's your personal residence, people are staying there that aren't on the lease, and it exceeds the allowable occupancy rate, you might have a chance to get them out or for the judge at least to require only people on the lease stay there.