In this article, we will discuss how to get rid of an unwanted problem tenant. At some point during your time as a landlord, you may encounter a tenant that is either a nuisance creepy or maybe you do not get along.
Your first option is to turn to the landlord-tenant act, and the easiest way is if they have not paid the rent, then you provide them with a three-day notice as to the amount of unpaid rent. The notice gives them three days to pay the rent or vacate also known as a pay or quit notice. If they pay you the rent before the time period, you should accept it. If they do not pay it within the three days, then you can file an eviction action in court know as an Unlawful Detainer to have them removed and do not have to accept the rent after the three days expires. The three days are counted if you serve the three-day notice on a Monday, the three days are not up until Friday. Are they have got three full days in which to pay it around. Many law firms do not want them in there if they are a month-to-month tenant. It means that they do not have a lease then you can give them a 15-day notice before their when the rent is due and terminating them left a month tenancy. And then if they do not move out, you can file an action to evict them. You can not go over there and do repairs and remove the front door. You can not turn off the power, and if you do any of these shenanigans, then they can sue you as the landlord and get three times the amount of rent as damages. So you do not want to do that.
You can also give a tenant a 3-day notice to perform covenant if they are violating some term of the lease or doing some home law. Some conduct as far as damaging the property or not complying with specific ordinances. And if they do not, you can then file an eviction action. It is a little more difficult because you have to prove first that they that thing were not in compliance with the lease provision usually and then have to show also that they never corrected the violation. If you have to file an Unlawful Detainer against your tenant, then you will need to do your filing at the Palm Springs Eviction Court. So the easiest way is if they do not pay the rent to give them a 3-day notice to pay rent of quit. Of course, “quit” means to move out of and vacate the rental property.
There are three legal options available to you. But all may not apply to every set of circumstances.
A Notice To Quit
If the reason you want the tenant to leave is because of a severe lease violation as defined in the lease itself or by your state’s laws. Then you can give them a notice to quit or face eviction. Some examples of severe violations may include a material misrepresentation of facts. For instance, on a rental application, criminal assault of a tenant or guests, serious and nuisance or repeated non-payment of rent and utilities.
The Second Option Is To Do A Rent Increase
This is not a perfect method, but if the timing amount and reason complies with your local state’s laws then you do have the option of serving the tenant with a significant rent increase to deter them from staying. However, you must exercise caution in raising the renting state, and federal laws prohibit increasing the rent based upon any reason which violates the civil rights of the tenant. This is defined as discrimination.
The Third Option Involves Offering An Incentive
If there is no justification for a lawful termination or a legal rent increase. Then the only remedy left is to strike a deal when you want someone out. It is worth it to negotiate a quick exit. Whether it is offering the next or final month for free or even a reasonable cash payment for tenant moving expenses and inconvenience. You will ultimately be rewarded for your generosity with a vacant unit.
Finally, it is essential to note that never try to forcibly remove, threaten, or intimidate a tenant into leaving. You always want to stand on firm legal ground instead of playing in the mud which will dry and crumble beneath your feet you.