I posted another thread where tenant asked to build a firepit and I said no. They agreed not to put it in.

I went over to mow lawn this morning and there's a portable firepit in the backyard now. My lease just says "no firepits". It doesn't state the type.

How would you handle this? Post a c/q notice? If I do that how can I be sure it's really gone--they could still use it and put it inside when they know I'm coming over. Is this something you would really file eviction for and go to court over?

They always pay rent but there have been other issues. Place is cluttered and dirty. An extra cat is in there. Admittedly I let those other things go on too long and should have nipped it in the bud a year ago. I'm not sure that they can be "retrained" at this point. They have a lease ends June 30.

What's the best way to handle this?

Thanks Tim.

I did take photos with my phone while I was there, so I have that.

As you said, they are not trainable. So it's time to decide if you're willing to accept this along with their other shenanigans, or get rid of them.

As for me, if they were not doing any damages and your insurance company wasn't breathing down your neck, I'd probably just send notice of the violation along with an intent not to renew unless they fix EVERYTHING (yes, cat gone too, or they pay the pet fee/rent if you allow pets). At this point, damage done from cat is already done, so might as well get paid for it.

Dirty and cluttered is in the eye of the beholder. If it's not a safety risk or violating municipal code, I would send the intent of non-renewal or live with it. You will never "train" dirty and cluttered out of folks: it's a lifestyle choice.

You also said you went over to mow the yard... tells me the weather is good and new tenants should not be hard to find due to the bad weather the rest of the country is experiencing. I think you could quickly find a new tenant, if that's what you really want. So the only question left is...

...what do you really want?

Thanks for the reply Sid.

You're right, "dirty/cluttered" was just an observation. More concerned about damage, and risk from the firepit obviously.

I really don't have enough information at this point to make a decision, although I have a gut feeling that this tenancy will have to end by June 30. I would prefer not to go through an eviction filing over the firepit/cat if it can be avoided at all. As I said they are paying on time and there's less than 6 months left.

Related question: I've seen people here lately recommending sending a non-renewal notice way in advance, sometimes almost a year in advance, for a PITA or someone who won't follow rules.

Cure or quit. We had tenants in our Idaho property before we moved over. (These tenants were placed by a property manager, before we knew better.) They used to have a fire pit. Apparently the fires turned into drink beer and smash the bottles in the firepit.

Where the fire bowl is on your property in relation to the house? I am OK with it on my rentals if A) it is not near the house and they have the hose out, B) I know they are fairly responsible. (This is why I have insurance).

You know your tenants... are you better off just ignoring it, giving them notice of no renewal so they leave peacefully, do you want to keep them at a higher price, or have they been there long enough that you might as well keep them there.

my first inclination is to remove the pit and wait for them to ask about it. then my answer would be to remind them that you told them no fire pits.

I only have SFH, so that might be an influence, but to me... what fire pit?

My insurance allows them. The county allows them. We have no county trash pick up, so lots of people burn their trash.

If they put one in without my permission, I ding the deposit when they move out... but if it looks nice and is away from the house and property lines... I leave it.

I looked over the signed lease again and firepits are not specifically mentioned in the lease (these tenants are still on the PM lease, although the PM is no longer managing the house.). It sounds like the c/q notice is out for this problem. Making a decision to non-renew (or not) is the best way at this point.

I'm with Gevans, as long as they keep sending those little pieces of paper and on time every month ,me see nothing,me know nothing , me jennae parley English, even just a little bit

J,

I've only ever non-renewed a lease once, and it was more for my sanity that I gave the notice as quickly as possible. You will come to a point in a relationship with a tenant where you'll say, "I've had ENOUGH!" At that point, send the notice immediately. The earlier you sent it, the sooner your mind will start to easy-up, knowing, "In x-more days, this person will be out of my life."

Sid,

Send a letter. What are you really worried about? I'd probably want a firepit in my house. In fact we have a gas fire art thing in our yard. It's pleasant to look at at night.

Our city has certain requirements for wood fires. Cannot be "in ground" (the metal fire rings with screens are approved). Can't burn pallet or construction lumber. Flames not over 3 feet. Must be 25 feet from structure, vegetation or property lines. A hose had to be readily available.

I had one like this who quickly thought he was in charge and owned the place.

There was no reasoning with him and no response to c or q notices. I eventually kicked him out.

As soon as I read through your post, I was reminded of this clown.

.... just keep the fire insurance paid in full and rent on.

I've notified just one tenant that I'd not be renewing their lease. Notified in November, lease ends at the end of February. Also let them know so long as I get 30 days notice if they found a place before the end of the lease I'd release them without any penalty.

NE,

It's too early for a cure or quit. Start with a 72 hour written notice that they are not allowed to have a firepit and the firepit will have to be removed from the yard and stored away and not used on the rental property.. That it says no firepit in their lease and you told them no firepit when they asked for an exception.

Don't renew their lease. Give them plenty of notice that they will need to find a new place to live. It's hard enough to have tenants who are slobs without having tenants who disregard the rules and do things that cause liability issues for the landlord.

Smok'em.

I went there to do an in home inspection the other day. The place was in better condition than I expected--no damage that I saw, it's just cluttered.

The T mentioned that the washing machine (of the W/D set that I provide at this unit) was rocking back and forth and then told me that he took it apart to see what was wrong and then put it back together. I'm not sure exactly what he did but I told him to call me and not take things apart in the future. Sigh.

I went there to do an in home inspection the other day. The place was in better condition than I expected--no damage that I saw, it's just cluttered.

The T mentioned that the washing machine (of the W/D set that I provide at this unit) was rocking back and forth and then told me that he took it apart to see what was wrong and then put it back together. I'm not sure exactly what he did but I told him to call me and not take things apart in the future. Sigh.