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tenant refuses removing personal item from common - Landlord Forum thread 230768

tenant refuses removing personal item from common by Anonymous on August 10, 2011 @01:48

                              
I purchased one 4 units apartment from a bank auction in los angeles in March, with one exisiting month to month tenant occupying a downstair unit. The existing tenant has been occupying the unit for 4 years. The property is under
rent control. The other 3 units will be owner occupied.

The backyard common area of the apartment was a mess, i
spent about $30K to improve it including cleanup,
put in pavers and landscape.

This existing tenant is piling a lot of personal items,
many are broken which i consider as trash, including chairs, tables, camping gears, pet food, plants,
pots, containers ... around his unit in the landscape area and on the stairway outside of his unit which makes a very untidy scene. Also his stuff makes the exterior wall behind very dirty.

I have sent notices to request the tenant to remove
his personal items from the common area, he refused to do so
by saying he has right since he has been living there for 4 years.

Appreciate any of your suggestion about how to deal with
this situation.

Thanks.
[ Reply ] [ Return to forum ]

Re: tenant refuses removing personal item from common by Bunny *M*A*G*I*C* on August 10, 2011 @02:20 [ Reply ]
I'd suggest carefully reading the original and the updated (if there is any) month to month rental agreements and see if it addresses these issues.

Generally, renters are able to have chairs and a table outside their unit, as well as plants in pots or containers and pet dishes. They might look junky, they might be junk, but these are normal things that are found outside unless the rental agreement prohibits it.

Is there an HOA with CC&Rs that address the common areas? You may want to read that as it might specifically note what exactly is permitted outside and outside in common areas.

Things on the stairway are a trip hazard and that would affect your insurance so I think you'd be well within your rights to ask (3-day Cure or Quit notice) that the tenant keep the stairway clear of anything on the steps.

After you check into all of these things to make sure you are appropriate in your response or actions, you may issue another Cure or Quit Notice for the personal items in the common area.

You may also wish to give your tenant an Addendum to the terms of the rental agreement. As a part of that notice, you may want to include: Refusal of current Tenant to initial/sign Rental Agreement Addendum will be considered indicative of tenant’s intent to vacate premises and will be noted as the tenant's 30 day notice of intent to vacate. (There's a better way to word this, but this is what I can come up with now)

I have no idea if my suggestions are appropriate for a place under rent control in Los Angeles, so perhaps someone with more familiarity will post a response.
Re: tenant refuses removing personal item from common by Monica (Ohio) on August 10, 2011 @02:48 [ Reply ]
The only way he would have "rights" is if he owned the place. I see no reason why you couldn't give him a 60 day notice to vacate. Must be 60 day notice because he lived there long enough. I don't remember the exact notice requirement for CA but 4 years falls under the 60 day requirement.
Re: tenant refuses removing personal item from common by hard truth (CA) on August 10, 2011 @10:03 [ Reply ]
he has a right to live like a disgusting pig and wallow in pools of his own sick inside his unit (unfortunately you will probably discover just how disgusting this person really lives when you end up kicking them out - which I strongly suggest; he is a PIG)
he does NOT have a right to make your property look like the local trash heap and I would serve notice that any personal belongings left in the common area for more than 24 hours will be disposed of at his expense.
immediately serve him with notice to quit and non-renewal of his M2M and get him out, let him live in a gutter somewhere surrounded by his personal collections of trash
Re: tenant refuses removing personal item from common by Anonymous on August 10, 2011 @11:08 [ Reply ]
don't chairs, tables, plants, pots, containers belong outside? Isn't that where they are?
Re: tenant refuses removing personal item from common by A.T.SF (CA) on August 10, 2011 @14:56 [ Reply ]
You have a right to tell the tenant to clean up the premises. Even the State of California says;
Tenant Responsibilities;

• Keep the premises "as clean and sanitary as the condition of the premises permits."
• Use and operate gas, electrical, and plumbing fixtures properly. (Examples of improper use include overloading electrical outlets; flushing large, foreign objects down the toilet; and allowing any gas, electrical, or plumbing fixture to become filthy.)
• Dispose of trash and garbage in a clean and sanitary manner.
• Not destroy, damage, or deface the premises, or allow anyone else to do so
• Not remove any part of the structure, dwelling unit, facilities, equipment, or appurtenances, or allow anyone else to do so.
• Use the premises as a place to live, and use the rooms for their intended purposes. For example, the bedroom must be used as a bedroom, and not as a kitchen.
• Notify the landlord when dead bolt locks and window locks or security devices don't operate properly.
Re: tenant refuses removing personal item from common by will OH on August 11, 2011 @11:48 [ Reply ]
You are going to occupy 3 units?

If you got his place from foreclosure, it wound up that way for a reason. Most likely, the previous owners/management were not screening at all and taking anybody with a pulse and first month's rent and "working" with them on the deposit. This tenant will be a headache. My experience with inherited tenants is that if the property was poorly run before you bought it they will be resentful of the change and new standards that come with it. Start taking steps to get him out.

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