California tenant made unauthorized improvements to rental unit

California tenant made unauthorized improvements to rental unit

Member since 2021 · 3 posts · 0 votes

Hi all. I have a single family home rental in California. I made my tenant an offer to buyout because I want to move into my house. However, because of the pandemic and Alameda County's eviction protections put in place after the California's moratorium was lifted, it seems I cannot do an owner move in eviction until "the state of local emergency is lifted" (whenever that is). Thus, I thought I would make her a buyout offer. However she was not interested, and even made a comment in the course of this conversation that she had invested a lot of money making improvements to my property. These were unbeknownst and unauthorized by me. And yes, the lease expressly states no improvements or alterations can be made to the property without written consent of the landlord. I then sent her a notice of an owner inspection to see said improvements. She had transformed the basement into an office with sheetrock, overhead lighting, installation of a closet, insulation, etc. I want to send her a notice to remove all improvements or face eviction (whenever the moratorium is lifted) in which she would not get a relocation payment (she would get a relocation payment with an owner move in eviction and of course if she accepted a buyout agreement). How much time do I have to give her to remove the alterations to my property? I do not want to leave as is, as she did not get permits, and I have no way of knowing if these alterations were made safely--there is electrical work afterall, etc. I thought I read somewhere 30 days, but I have also seen 3 day notices?

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Investor · Marin County California · Member since 2018 · 1k+ posts · 2k+ votes
4y

I would be careful about possibly looking a gift horse in the mouth.  Before you tear out these substantial-sounding improvements, why not have a licensed electrician look at the work and give you an opinion as to its safety and soundness?  As you will be living on the property, any concern about securing retroactive permits for the work can be deferred until such time as you decide to sell or rent.    

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  • Investor · Marin County California · Member since 2018 · 1k+ posts · 2k+ votes
    4y

    I would be careful about possibly looking a gift horse in the mouth.  Before you tear out these substantial-sounding improvements, why not have a licensed electrician look at the work and give you an opinion as to its safety and soundness?  As you will be living on the property, any concern about securing retroactive permits for the work can be deferred until such time as you decide to sell or rent.    

  • Member since 2021 · 3 posts · 0 votes
    4y

    Because I want to move into my property and it’s a basis for eviction. Also because I intend to tear everything out downstairs anyways and put it to my liking. And also I already had an electrician look at it and things were not done correctly. 

  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    4y
    Originally posted by @Darius Ogloza:

     why not have a licensed electrician look at the work and give you an opinion as to its safety and soundness? 

    They can't see behind the drywall. How do you see if there are the right number of romex cables per hole? Are they fastened every 4 feet? Within 6 inches of the boxes?

  • Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    4y

    Hire an attorney. You may be able to evict now due to the alterations. The moratorium protected people against eviction for non-payment, but you could still evict for other reasons. Consult an attorney on this. 

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    4y

    @Alexandra Crivello find an attorney experienced in evictions. Don't play around or try to figure it out on your own because that's just as likely to fail or cost you even more. Hire an attorney, communicate only through them, and do it right.

    The DIY Landlord Book4.7248 Reviews
  • Investor · Marin County California · Member since 2018 · 1k+ posts · 2k+ votes
    4y

    @Bruce Woodruff  I have lived comfortably in places with knob and tube wiring.  To each his own I guess.    

  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    4y
    Originally posted by @Darius Ogloza:

    @Bruce Woodruff  I have lived comfortably in places with knob and tube wiring.  To each his own I guess.    

     Doesn't matter if you were comfortable there. It's dangerous at best. Go do a search, this has been discussed here before...

  • Investor · Marin County California · Member since 2018 · 1k+ posts · 2k+ votes
    4y

    @Bruce Woodruff  I have spent some time on this site but thanks for the advice.   

  • Member since 2021 · 3 posts · 0 votes
    4y

    unfortunately I think Alameda County's moratorium could block even at-fault evictions, not just non-payment. The city of Alameda I think now allows at fault evictions, but bars no fault evictions like owner move in until after the local state of emergency is lifted. 

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