I am renting a sfh to a military family on a month to month rental contract. He is a Army Captain and is very disrespectful to me (his wife too), I'm the owner, on every contact I have with them. He's only been in the house since April 2021 (6 months). I was just going to cancel his contract with a 30 day notice with no reason/explanation given to him. The situation is not fixable. Any thoughts or opinions? --174.194.xxx.xx

I would not give him a reason only because it tends to start back and forth garbage. A simple "your lease will be terminated on X date." You can't change disrespect. --73.230.xxx.xx

I don't care what the job title is-disrepect is not tolerated. --73.230.xxx.xx

In addition, if you were to end up in court over terminating his MTM, what would you say when the judge asks you for a reason? --68.63.xxx.xxx

In California, our landlord tenant law specifically states...we don't need a reason or aren't required to give a reason, if the month to month contract has been in effect for "less than a year" (which it has). My only concern is does anyone know if there is any type of "special provision " for military personnel. This is NOT a case of him being transferred or being sent somewhere quickly. --174.194.xxx.xx

Military retiree here. SCRA says you have to release a service member from a lease if they receive PCS orders out of the geo-graphic area. Generally speaking, that is considered 50 or more miles from the current duty station. It doesn't address retention of existing housing. The Captain might cry to the housing office and they might ask you for some more specifics, but someone is a bad fit is more than enough information even for them --24.101.xxx.xxx

--71.233.xx.xxx

Toss the lot. --184.176.xx.xxx

Then, if he still won't get in line, non-renew them - and report it to the commander again. I wouldn't be at all surprised if he already has some reprimand(s) in his file. --68.229.xxx.xxx

uncle was a marine squadron commander. occasionally he would get calls from LL about unpaid rent by his indirect reports. he told them to pay up or he would find a reason to kick them out of the corps. all would pay up. --107.77.xxx.xxx

Thank you everyone for your great comments. Army Captain will be served with a 30 days termination notice tomorrow. Paper is already filed with our Sheriff's Department. I would have called him, BUT he directly told me he doesn't take my calls unless he feels so inclined to and that he has better things to do...no joke!!! Problem solved. Thanks again everyone --174.194.xxx.x

The principal investor plans for the property have changed, --76.188.xxx.xxx

ALWAYS get the commanding officer's name and phone number. --158.115.xxx.xxx

If this tenant is a good tenant otherwise,......the devil you know may be better than a devil you don't. , ! ! --67.49.xx.x

But I try to treat everyone as my equal, not just the ones who think they are superior to me. I'll admit, it's more fun treating the high ranking big head people as equals. --158.115.xxx.xxx

In response to Dave from CA. Thanks for your response. I'm in my opinion, NOT being over sensitive or overreacting....the last contact I had with him he "off the wall" told he that I don't look like a Physician. It should be noted....I am a Physician. That was a passive aggressive verbal commitment. I should note, my wife is Psychologist. She schooled me about what a comment like that means coming from a tenant to his landlord, AND it has nothing to do with my profession. It's a dominance power statement, and if you heard his voice inflection, you'd agree. I did the right move in termination. Thanks again. --174.194.xxx.x

Never again will I make that mistake. --75.89.xxx.xxx

good for you! Life is too short to deal with unpleasant people. Some maybe you have to...not this one! --158.115.xxx.xxx

Good riddance. Let him go back and live on the base since he can't seem to get along with anyone. --72.188.xxx.xxx

And it could be helpful to avoid or resolve an unpaid last month / damages situation. --68.229.xxx.xxx

--107.142.xxx.xx

I'm in the San Francisco Bay Area. I've been on the phone with the Attorneys from the California Apartment Association, which I am a member. They reviewed everything and gave a legal opinion that the Captain will be eating cold turkey this Thanksgiving...if he doesn't find a new residence in 30 days. They gave a further opinion I did it exactly by the book in regards to California law and he will be out with no legal recores. I like to think this guy will learn a valuable life lesson here, BUT I know this type of personality AND I will say, he isn't going to learn anything and will continue to make very stupid decisions throughout he's life (and I'm sure in his past). I always treated him with respect and only asked for that in return. Thanks again everyone. --174.194.xxx.x

I'm in the San Francisco Bay Area. I've been on the phone with the Attorneys from the California Apartment Association, which I am a member. They reviewed everything and gave a legal opinion that the Captain will be eating cold turkey this Thanksgiving...if he doesn't find a new residence in 30 days. They gave a further opinion I did it exactly by the book in regards to California law and he will be out with no legal recores. I like to think this guy will learn a valuable life lesson here, BUT I know this type of personality AND I will say, he isn't going to learn anything and will continue to make very stupid decisions throughout he's life (and I'm sure in his past). I always treated him with respect and only asked for that in return. Thanks again everyone. --174.194.xxx.x

Just in case, Todd Rothbard in San Jose is an extremely effective and reasonably priced eviction attorney. Best of luck and take care. --73.93.xx.xx

I'm confused. If it's a M2M tenancy why is something being filed with the sheriff dept? Where I live you just give them at least 15 days written notice to leave on a month to month. --72.188.xxx.xxx

California has 30 days written notice, for this type of legal service. Process Server or Sheriff's Department in California can do it. I choose NOT to do it myself because it will be an argument on the front door step, I'm sure. This way I'm not involved with service, to eliminate any issue there. The filing with the Sheriff's Department is "their" procedure to take the paperwork to the tenant and follow all state legal requirements. Plus, it's a wake up call for Army Captain to have a marked patrol car park in front of the house and uniformed Deputy serve him. Oh...and thank you Salernitana. I'm going to keep that Attorney's name. Have a great day everyone. --174.194.xxx.x

OK thanks -- that makes perfect sense. --72.188.xxx.xxx

I guarantee you ONE THING, Ladies and Gentlemen, Captain DIDN'T learn one thing from this entire incident...BUT, I got my house back!!! --174.194.xxx.x

He ain't out yet ! ,! --172.250.xx.xxx

He ain't out yet ! ,! --172.250.xx.xxx

He ain't out yet ! ,! --172.250.xx.xxx

Ooooops .....sorry about the triple tap --172.250.xx.xxx

@Jim, you can have a 3rd party do the pre-move inspection. I have my maintenance guy do mine. --166.205.xxx.xx

Mick thank you for the advice, that's what I was going to do. Only because I know this guy is aggressive and bossy, AND eliminates any further issues. I'm hoping to hire a Property Manager, but it would have to be a stern person because he will walk all over a low key individual. And to Dave, no worries about the double taps. I did the same thing myself, by accident of course. Thanks again --174.194.xxx.x

Please share what happens if the process does not go smoothly. This forum can be an awesome resource for problem solving and support. Best of luck and hope that the next prospective tenant is much more cooperative. --73.93.xx.xx

Do not bring any money to the walk through. Me, being the jerk, I am would schedule it when he is at work. Moving on Day 30 can show damage that can not be repaired. Make no promises to anything. The goal is always to be able to give back, less work for you. --73.230.xxx.xx

How does it go when hidden damage pops up after the "walkthrough" takes place? Are you still allowed to deduct for it? --72.188.xxx.xxx

In CA, we are required to do a walk through, but I believe I can wait until he is fully moved out. That way I will see the house fully and completely. I did make one mistake, he never returned the move conditions sheet to me, because he had not arrived in the State yet. His wife took possession of the house that day. I did have the house completely refurbished prior to move in AND have pictures as condition upon move in. I thought he move in April, but it was 6-1-21, upon me reviewing his contract. Boy oh boy. Lol....that "only" 4 months seemed like 6 or longer, lol. --174.194.xxx.xxx

@Jim - you should do the walk they at least 2 weeks prior to move out. It will give tenant opportunity repair any damage. --184.176.xx.xxx

Congrats on dumping a big headache! --158.115.xxx.xxx

Just out of curiousity, did you meet these people in person before deciding to rent to them or was it all done via remote? --72.188.xxx.xxx