Updated 3 months ago on . Most recent reply
30-day notice or not
Dear BP friends:
We have a LT tenant that is on month to month lease (not the ideal tenant you would want). She lives upstairs of a garage and has exterior stairs to enter her unit. We have fixed the loose stairs upon her request previously but today her teenage son fell through one of the stairs and went to hospital. She asked for our insurance company info and said she would sue the insurance company. We gave her the info and are fixing the steps now. Additionally, we have an Airbnb downstairs and we use the garage under her unit as a game room. But guests have been complaining about smelling weeds from upstairs. We do have this in our lease regarding illegal drugs:
“No illegal drugs or controlled substances (unless specifically prescribed by a physician for a specific person residing or present on the Premises) are permitted on the Premises. Tenant’s violation of this Section shall be an immediate and incurable Default of this Lease”
With all this, we really want to give her 30-day notice and terminate the lease. But wonder what is a good timing? What would be the best thing to deal with the situation at this point? Appreciate your input! Thank you!
Most Popular Reply
I would hesitate on ending the lease based on the information here.
You didn't fix the stairs or Tenant's son wouldn't have fallen through them. That's totally on you and you don't appear to be contesting that.
If I were Tenant, I would think you are punishing me for suing when you end my lease, so I'm going to sue you and the insurance company for 10x my original plan. How's that make you feel?
Smoking weed is very common, legal or not. I would tell Tenant they aren't allowed to smoke indoors if that is what they are doing. You could challenge them to see if it is prescribed or legal (probably not), but I wouldn't get involved with it.
Wait until the lawsuit passes over to end the lease if that is what you want to do. It will give you certainty that it won't get any worse.