Legal Question in Landlord & Tenant Law in California
Hi, I need help! My tenant is damaging the property. When I walk on the wood floor, I can feel there are bumps. The tenant is playing basketball indoor, which I told them not too. When I talked to them, the tenant blamed on her 4-year old daughter. Now, they are hitting my ceiling with a bouncing ball every morning. And I know they are doing it on purpose. After that day, the following weeks, I noticed my car has had dent and scratches. I saw the tenant scratched it.
Thank you!
1 Answer from Attorneys
Go and meet in a neutral area [a coffee shop, some public place where they can not scream at you or allege you tried to hit them, have a friend along if possible as a witness to what happened] with all teh tenants. Tell them you saw them scratch your car, the intentionally throw a ball against the ceiling in the morning--what do they want, do they not realize that no landlord will put up with such behavior so they must either immediately stop all such activity or leave. If you have to evict them it will appear on their credit rating reports and few if any landlords will rent to them and certainly at a higher price than otherwise. They have to agree to a date to move out and sign a writtten agreement to do so and that if they do not you can get a default judgment against them in an unlawful detainer action. They are not going to change their behavior so you need to get them out.
If you are not subject to rent controls, tell theml that when their lease is up you wil give them notice to leave and you wil substantially increase the rent to cover the damages they have and will likely do in the future. If they are wilng to leave now, you wil let them go without their having to give a thirty day notice and you will charge them only for the time they remain in the unit and have not returned the keys.
Go to the meeting with a three and thirty day notice for all who live their and if they do not agree to your terms serve them right then. File a crime report with the police as to the car damage so that you have it on file. Consider giving the tenants a bribe to get them to leave without further damaging the place.