Landlord Question and Answer Forum

So the day after this person moved in he tells me not only once but twice, "I'm not a rule follower". Likely in response to asking him to do any grilling on the front drive way well away from the house rather than the covered, integrated back porch where he has placed his gas grill. I would not even grill on the back porch myself. Also, I asked him to not place any items or touch my vehicle, since it's in a garage shared with all his stuff. Day one: He turned a dirty engine oil pan upside down and leaned it against my house to drip used engine oil onto the ground. He left two windows open all day while gone at work. One for the room he is renting and one for the room he is not renting. I have since locked the door for the non-rented room. He may have tampered with a $150 smoke / carbon monoxide detector. I cannot prove this, since it's in his room. How do I resolve this? Somewhere between day one and three: He has left trash on the floor in the kitchen and in the garage. He has changed the temperature on water heater. Wears outdoor shoes into house. I told him from the first day he came to look at the space that shoes are to be taken off at the door. What can I do? This is Kansas and he's on a month to month lease.

Give him a 30 day notice to leave, now. If he breaks one more rule evict with a sooner notice. You will need to file it in the court. If this is only 3 days so far 30 days he may just burn the house down. Unfortunately this is all you can do and it will take time to get him out. The sooner you start the sooner he will be out. P.S. Is this a child? Was there a background check that you did?

Posted by Derrick D, PA on Monday, April 6, 2015

Thank you Derrick. This is not a child but a middle aged adult that even drives a vehicle, but curiously the vin is covered with a sticker, I happened to notice. Should I use this form: https://www.ezlandlordforms.com/documents/nonrenewal-notice-27/ I did do a background through Transunion Smartmove. Maybe the tenant does have a criminal record and it was cleansed, or maybe not. Don't know.

Posted by Eric B, CA on Monday, April 6, 2015

Eric B, I will suggest you document every statement you make. Take pictures of the mess, he grilling under the porch, or any other violation of his irresponsible acts. If you have a copy of this DL, or personal information, I will still try to get a policy report on him. You don't want to know anything that could not let you sleep well at night....too late. If you can afford video cameras in the common areas, I would. Just put a paper saying "you are under 24 hour video surveillance" Just to document your request to leave, and not letting him build a case against you. Remember, safety is first. God is with you. :)

Posted by ANEL M, FL on Tuesday, April 7, 2015

I did not include any documents, in the lease, about removing shoes before traversing carpet, not grilling on the back porch, not to put trash on the floor, etc. Not every possible scenario can be reasonably covered by a lease. Some people's behavior is outside the realm of assumable and reasonable. I am lacking in confidence on my legal grounds to remove him with less than 30 days notice. I would need some definitive source to tell me it's ok and how to do it. I'd be very upset if I ended up going to court for doing something technically incorrect.

Posted by Eric B, CA on Tuesday, April 7, 2015

My leases are usually fairly long because I try to cover most possible scenarios so that I am legally covered. I think the day he told me he was not a rule follower I would have given him a 30 days notice. That sentence alone means he is going to cause you headaches, troubles, and possibly a lot of money. I wish you the best.

Posted by Marypat M, AK on Wednesday, April 8, 2015

My leases are usually fairly long because I try to cover most possible scenarios so that I am legally covered. I think the day he told me he was not a rule follower I would have given him a 30 days notice. That sentence alone means he is going to cause you headaches, troubles, and possibly a lot of money. I wish you the best.

Posted by Marypat M, AK on Wednesday, April 8, 2015

I had a problem child once; not as bad as what you describe; what drove him off however, was me telling him that the next serving of a notice would not come from me, but the Sheriff. That had more affect than I intended; sounds like your guy may be wanted (for car theft?) for something; whether overdue tickets, back due child support, who knows, but having the law show up and deliver a notice of eviction can have a bigger impact than you think, worth the small price you pay. Since he's already broken lease clauses, do you actually have to give him 30 days? I always like giving someone a chance; but that takes discretion, so use your best judgment. When I just mentioned the Sheriff would deliver the next eviction notice, he moved out into a hotel and only came back briefly to get some things; he did not want to see the law.

Posted by Bob M, UT on Friday, April 10, 2015

There may be progress. There is some indication he is moving out...

Posted by Eric B, CA on Friday, April 10, 2015