Today I received a note from my *disabled with mental health issues* tenant of many years (he lives with the same roommate for many years). He pays below-market rent because I know his income is very limited on SSI.

He asked that my husband call him every time he goes over to work in the yard. The tenant used the words "creepy" an "lurking."

We'd prefer to NOT call him ahead of time, because that then becomes problematic and may lead to more demands (as has happened in the past).

I believe it is within the California landlord's right to access the yard to do work without prior notice to the tenants. My husband has been accessing the yard to take care of things for about 8 years now, without a problem from either tenant. Now it's an issue for this tenant.

My husband often does not know where his day will take him, and yard work at the rental isn't on a set schedule so he stops by and takes care of things when he is able and when he is in the neighborhood and has the time.

My husband wants to keep things the way they are, as that works for him, and since this is saving me the cost of hiring someone other than the guys who mow the lawn, I don't want to rock hubby's boat.

In the note, the tenant is telling my husband how to take care of the fruit trees, and then the tenant contradicts himself by writing that he is unable to speak and then writes that he's often on the phone when the yard work is going on.

I hope I've given enough info for you to make some (gentle) suggestions for how to respond to this tenant.

Thanks!

Fab Gal

Evict this nut job. When you let crazy get into your life, you lose.

Hey a new tenant who pays current rates and gives you no trouble.

What are you waiting for? This nut job may well decide to attack your husband.

Raise the rent to market value. I can't imagine giving a special break to a difficult tenant.

It's probably not what you were looking for, but Richard and Lisa are correct. I know I wouldn't take below market rent and put up with a difficult tenant.

One option I could think of is turn yard work over to the tenants and your husband doesn't have to go over there anymore. If you go that route, be prepared for them to do nothing.

The only other thing I could think of is just give to them in writing that you will continue to take care of the yard, but will not be able to give advance notice due to your schedule. You will of course give advance notice if needing to get inside the house.

I won't call, but I text my tenants the night before. I have only single family homes, no multis, so I feel this courtesy is necessary. However, in a duplex, or multi family situation, I would not feel the need. In that instance I would explain that since the yard is shared, there is no need for landlord to inform.

When tenants text back with, 'oh, while you are here...' I might text back that I may not have all the tools, and am on a tight schedule of mowing. If it's something I can easily take care of, I do it while it's on both our minds. I find that tenants are trying to help me avoid extra trips.

Doesn't sound like your tenant is trying to help you with anything. He's (fill in blank) and using you to solve some other need.

I have a neighbor at one house who is always trying to interfere with my yard work, though he knows much less than I about any of it. He seems to just be trying to establish dominance. It's a pain to gently rebuff all his suggestions. If he were my tenant, I'd Jack his rent up. Your tenant can pay for the pleasure of being a pain in the tookus.

You've got fine advice about for what to do. But, just so you know, I think you are incorrect in your belief that state law allows you to go work on the yard whenever you want without notice.

Assuming this is a SFH, the yard would be part of their "exclusive control" area. If they have made it clear that you are not welcome into the yard without notice, then they very likely have the right to keep you from doing so.

The state requires notice for entry. Access to the yard in a SFH very likely counts in that notice requirement (especially after the tenant has asked you to NOT go onto the property without notice).

Sorry, but I don't think the law is actually on your side on that one. Maybe Moshe can give some better insight into CA law there if I'm mistaken.

All that being said, I agree with the idea of not keeping a tenant that you don't like when the place is under market. Raise to market and see what happens.

- John...

Thank you all for the good info and advice.

If I raise his rent, he'll be homeless. He's paid on time and his home health aide keeps the place clean, and the other roommate also pays on time & cleans up his assigned areas. I do make a profit with the rent. It makes me feel like I'm helping two people who don't have a lot of money or earning power, who have taken good care of the place and paid on time for years.

The one with the mental issues has always been problematic with one thing or another over the years. Thankfully, it's only now and then when he gets a wild hair up his... tush.

I'll respond in writing, by giving a general time for the yard work but will also mention that, due to hubby's schedule, I won't be able to pin down a specific day--but yard care won't be on a weekend. The tenant with mental health issues has no cell phone, so texting ahead of time for yard work isn't a possibility.

Thanks again for the helpful advice!

Fabric Gal of CA, What is the going rent for this unit? Take the difference and see how much money you are losing by keeping the rent below market over the period of time you have rented to this tenant.

Maybe ask the tenant IF he's happy renting the unit, IF NOT, give him the happy clause to leave now. If he wants to leave have him give you 30 day notice and he's gone.

You're the landlord you are in control. The market rent for this unit is X then charge the market rent. Do some up dates to the unit and most likely you can get above market rents. Post the unit or text the tenant in advance of cutting grass. On the flip side of the grass getting cut you don't want the city or HOA to fine you if the grass gets to high.

It's time to give notice to present tenant of rent increase and/or non renewal of lease upon expiration of present lease. I would stay within and conform to California law with this tenant and have a paper trail as well. IF things go bad and you go to court you want to make certain you followed Cali law.

Best of Success and Happy Landlording!!!

Yikes, most landlords are in the business to make a profit, not to be a social worker.

But since you desire to be a charity perhaps you can tell him what you told us: you are paying significantly below market rent, where I to hire a maintenance man to take care of the yard who could give you a set time it would cost me money and I'd no longer be able to charge you below market rent. Would you like me to do this because if not my husband will continue to stop by to take care of things on his own time and schedule and may drop by if he's in the area without notice. If you make this difficult for us we will hire someone and charge you accordingly.

Hi Fabricgal, I had sort of the same thing happened with my last tenant who had rabbits in the dining room. She was demanding a few things I was not going to make happen and she turned on me. One day, after she withheld rent, I went to the duplex to put up a water department notice that has to be posted. She called the cops. There was an empty upstairs unit and she was downstairs. A friend of mine saw the police arrive. I heard nothing about the incident from the police. I'm sure she pointed out the water department notice as "evidence" and I hope the cop told her off.

Now today was another incident with a different tenant. I was downstairs where the apartment is now empty but I have someone coming in soon. I was waiting outside for an inspector to do a reinspect on a little tiny clamp that failed. The twenty year old woman's father speeds up in his car and parks in front of the building and he rings the bell and goes in. I go in the garage entrance to the first floor with the inspector. I hear the father say to his daughter "Whe is hanging around so long because she is meeting the inspector". Can you imagine! This little twirp called her daddy because the landlord was on the premises longer than she liked. How are we supposed to care for our properties with this kind of attitude? My incoming tenant also asked me if I am "checking every day" when I mentioned something to him. You bet I will be checking the furnace and the basement once a week with the handyman. Sense of entitlement or scared because they are doing something wrong in there? I will make sure the new lease mentions checking of basement and the definition of common area.

The landlord is in charge, the tenant is not.

My experience has always been that if I give a tenant a break because I know their income won't stretch, that is the tenant who stabs me in the back the worst.

If you are hoping to get some gratitude, you are going to be disappointed.

Also, tenants seem to have a sell-by date. Past that date they start to get confused about who ownes the property. It seems to happen about year 5.

Give the tenant a written notice that yard work will be done on the property every week.

There, the tenant has been notified.

Seriously, I would not be giving a huge price break to a tenant who gave me a lot of grief. If you are going to put up with that nonesense, at least get paid for it.

John (Mi) maybe be right, better find out from a lawyer or landlord group in your state (the LL group might like/need to know this) ours has a lawyer advisor,..

If it doesn't apply my go to statement is something like

" we are trying to keep rents down in doing this,(or) something like we are trying to help to keep down future rent increases.

Quote " My husband often does not know where his day will take him, and yard work at the rental isn't on a set schedule so he stops by and takes care of things when he is able and when he is in the neighborhood and has the time."

Just tell them exactly that.

And you have considered hiring a professional lawn care company that could be on a set schedule. But you are trying to hold off since any increase in expenses causes you to have to raise rents.

Fab,

Here's a straight truth answer...

Re-read your post and count the red flags you listed.

You are getting what you allow.

And when we let someone stay for any reason (under market rent, trying to do them a favor...) the LL is amazed the res does not respond wit the same kindness.

After 40 years I learned the more we let them slide the more they feel entitled.

I also sense an upcoming legal battle against you for mold, unfair treatment...anything his free legal aide atty will sock you with.

Like him or not it's time fro this guy to go before he causes you real trouble, and it IS coming.

Treat this man the same as anyone else. If he goes homeless that is HIS problem not yours. Sec8 will find him a place.

Stick to the program. It helps you and it helps him.

(BTW market rent is no skin off his nose. Sec8 pays his rent, not him. You are giving away money THINKING you are doing him a favor.)

As far as yard work, tell him this is his notice: "the yard man will come when he is available, weather permitting."

Next issue: hire it. Your hubby is only worth $10/hr doing yardwork. I suspect he is more valuable than $10!

Most LLs pay $20-25 per yard for mowing, and that includes gas, oil, repairs, and mileage.

Stay in control!

Thanks again everyone!

The health care aide is paid by our tax dollars at work.

The tenant is on the wait list for Section 8--he's been on that list for 5 years and has another 3 to go before he is in position to move to Sec. 8 housing.

I sent a Notice to him and his roommate, saying that the yard work would be done after 3 pm twice a week on Monday, Tues, Wed, Thurs or Fri.

One of my closest friends is a representative payee for people on SSI. The monthly SSI income is something like $880/month. Rents in this area, even with a roommate or renting a studio apartment, are quite high.

I do appreciate all your suggestions about raising the rent, and have spoken with DH about raising the rent a bit starting in February 2018. We're still considering it.

Again, many thanks!

Fabric gal you are soooooo lucky you can raise the rent.

I have been a landlord for close to 3 decades and sadly I suggest you do raise the rent (I also dont like to raise rents)

Here is why

-your govt may pass suddenly pass legislation preventing you from raising the rent beyond a pittance annually, as determined by them. Govts are becoming more desperate to force private landlords to carry the burden of low cost housing.

Fabric Gall of CA, You are hoping for some (gentle) suggestions for how to respond to this tenant.

HOWEVER!!!

Each responding poster has given you many excellent suggestions. The main factors are Eviction! and Increase your rent to market level or above. Both Lisa of FL and Brad 20K of IN mentioned that "You are getting what you allow."

Unfortunately in your follow up posts you are basically making excuses for the tenant. It appears that gentle or factual suggestions are not a top priority to you so it goes back to the main point "You are getting what you allow."

Brad20K made the best point of all that a "legal battle IS coming against you for mold, unfair treatment AND his free legal aide atty will sock you with it"

Oh well we tried...

I certainly understand how you feel, however, these posts are brilliant and can help you see different perspectives from a business point of view which is what your unit is. Just as Brad, Tom, and Andrew noted, new legislation may be just around the corner, and San Jose, CA is about to pass something about a no-clause eviction which may or may not affect you.

Fabric gal ( love the name, I have quite a stash myself)

A whole different angle to this- you live in sunny Cali, but the yard needs weekly maintenance? Get to the library and dig up some books on xeriscape, low-maintenance landscape. It's not no maintenance, but, once established should only need tweaking a couple of times a year.

When we lived in Colorado Springs (loooong time ago,) I put in a large xeriscape bed on one side of our garage. We took a road trip out that way to catch the eclipse, chatted with the new owners of that house . That bed looks exactly as we left it, just the plants / trees are larger. Several different owners, and that bed still functions.

Charlie, waiting until Feb 1st to get the rent increase started because in Cali, gotta give a minimum of 60 day notice of change in terms of tenancy if tenant has been a tenant for over a year. Notice will go out at the end of November, then there's 31 days in Dec, 31 days in January, et voila! Feb 1st is when the increased rent is due!

Thanks everyone for the 2x 4s--I usually ask for gentle responses because I've read some responses over the years where people are getting ripped a new one.

I didn't really think I was making excuses, just clarifying things.

If a tenant has been paying on time and keeps the place clean, and is cyclically problematic, why not try to come to a satisfactory decision that works for me and DH without poking a hornet's nest and alienating someone who has mental issues?

Busy in WI, I do love me some fabric! Nice to meetcha!

cjo'h: I gave my opinion on the legal status of the property and the tenant's right to allow who goes on it. If you disagree with that, feel free to point out why you think I'm wrong from a LEGAL STANDPOINT. But otherwise just telling people to ignore what I said is pretty annoying and rude.

Others even agreed that my interpretation of the law could be right and to check with a lawyer. I'm actually pretty sure that I AM correct, but was hoping that Moshe might confirm.

Basically, if a tenant rents a SFH, they usually have the right to tell a Landlord that they can't just go in the yard whenever they want without notice. You can all dislike that as much as you want and be annoyed by it -- but that doesn't change the law...

- John...

Fab,

Thanks for the post. I just updated my lease to include language about inspecting or working on the exterior or landscaping without notice.

Just beyond belief that this is a LL web site but many post here and they are charities.

Myob, no, not charities. Just different ways to run a business. The great thing about landlording is there is room enough for many styles of management. And most of us can make money employing our own distinct styles.

Kind of like restaurants. There are those that will stick strictly to the set menu, (Seinfeld's soup nazi comes to mind,) and there are restaurants that will cook the fish that the customer just brought in off a boat. And a whole lot in between. there is room in this business for many kinds of landlords.

Is this a charity or a business?

Raise to market, amend new lease to say common areas IE the yard will be maintained at any point.

If they don't like it, they will move and since the rental market happens to be good right now you can re rent.

just out of curiousity when was your last thorough interior inspection of the unit? it sounds like the tenant has you cowed here. it's time to reassert dominion. like many tenants in california, they might think they have some rights but there is NO defense to a simple termination of tenancy.

Does your lease address and define what quit enjoyment is? Indeed the tenant should be given every right to enjoy the property, but you need to incentivize correct behavior.

If you hubby needs to call and schedule then maybe a service fee should be charged, but if he can just swing on by, then maybe there shouldn't be a formal fee since you are doing work informally.