Hi Everyone, Jim here from CA. I'm the one who did previous questions about my Army Captain tenant. He's been served with a 30 day notice to move put of my sfh I was renting him (been there less than one year). He's only been there 4.5 months, AND has been a real pain regarding everything...so I don't want him renting from me anymore.

He just text me yesterday and stated he will be out on October 31, and won't be paying his rent until the required November 10, like he's required to do per his 30 day notice. I'm going to take ten days of rent out of his deposit plus the late fee. First of all, text aren't legal proper communications in CA...needs to be in writing via certified/delivered letter.

He further text me people are contacted him at the house regarding renting the house. He says that's harassment. I never gave anyone permission to contact him, as a matter of fact, my zillow ad says "Dont contact or disturb current tenant, drive by only!!!". He claims his attorney says I've violated CA Civil code 1946. I think he is making up having an attorney and he has a code section that doesn't apply anyway. He claims his attorney is writing me a letter, I'm not the least bit worried, am real interested in getting the letter if one is coming though

Well, I was absolutely right to get rid of this guy asap. He was going to be here 2 more years, but I caught on very very quickly to his games.

Your comments are greatly appreciated.

Many of you commented I should contact his Commanding Officer. I NOW think, that's what I am going to do. Any comments on how I should approach that. Thanks everyone

I'm surprised you're advertising the place already?

I never try to rent the place until the tenant has left, because I've had poor experiences trying that in the past. But I know a lot of people will do this, and with success. But with someone difficult like this it's better to just wait until he's gone. My opinion.

And someone probably did come knock on his door, regardless of what ad said not to do. Most people don't bother reading the rental ad thoroughly.

I think you're too emotionally invested in a contest of wills between you and this guy and are taking everything personally. Who cares what he does? Do you what you need to do, ignore what he says he is going to do and move on.

I would NOT go to his Commanding Officer over his complaint about the door knocking. Only if he fails to leave on the move out date or trashes the place.

I would take down the advertisement immediately to avoid anyone else possibly associating with the soon-to-be-ex tenant, regarding the property. The tenant is already highly angry about the housing situation. Adding any other people or personalities to the mix could lead to a confrontation.

A copy of the ad mentioning that the fact that current resident is not to be disturbed should be sufficient to satisfy any half-witted judge that you did your duty. And as any good PM would do, you advertise vacancy coming (of course).

Military personal have special treatment when it come to a California Tenancy. So do protected classes. So do illegals. Same with people with destructive dangerous animals. Drunks, drug users, etc. It's getting to the point where landlords almost no rights when it come to the protection of other tenants in a multi-family and tenant selection is getting harder to control.

In response to his letter about CA CCC 1946, send him a letter advising him of CA CCC 1954 and your right to enter to show show to prospective tenants. It wouldnt hurt to also advise him that failure to cooperate with existing law (jncluding 1954) would result in a complaint to his military superior (you could even specify exactly who).

In the future, you may find the following lease clause useful:

" As a consideration of this lease, LESSEE agrees that LESSOR’s right to show the premises to potential tenants before the end of this lease is of paramount importance, and LESSEE agrees in good faith to cooperate fully with such showings of the demised premises to prospective tenants by permitting access whenever LESSOR needs to show the premises and has given appropriate notice, and by refraining from causing any interference whatsoever. LESSEE acknowledges that as a consideration of this lease, any interference with LESSOR’s showing of the premises shall constitute a material and noncurable breach of this lease, and LESSOR shall have all those rights given to him under this lease by reason thereof as in the case of any other breach of this lease. In the event that LESSEE frustrates LESSOR’s right to enter to show the apartment to prospective tenants whenever needed and appropriate notice has been given, or interferes with LESSOR’s showing of the premises in any way whatsoever, then LESSOR shall be entitled to recover from LESSEE damages in the amount of LESSOR’s rent lost because of LESSOR’s failure to find a new tenant due to inability to show the premises. All rights given to LESSOR by this paragraph, or any other provision of this lease, may be exercised by LESSOR through such agents or representatives as he may select. "

N.B.,

The above was drafted according to CA law.

Jim,

Be very careful here. I sense I desire to fuel an argument. Stay cool.

Every word you say or send will be used against you so be professional and stick to the lease. We do not have to reply or respond to every message.

Cancel the ad which requires an address. He will sabatog anyone who comes near.

If the home is occupied I list it as COMING SOON without an address on my website and flyers.

I know the big thing is to get instant turnover but it's really hard to get positive cooperation from an existing resident being elbowed out , even with my hundred dollar bribe. It is my property and my job to get it re-rented. I don't want to risk a resident saying the wrong thing to my good prospect.

Plus The home usually needs some freshening or upgrades. I don't want a good prospect to see a "used" home.

He's leaving by Oct 31 at your request but paying for Nov??

AGAIN with LAW books!!!!!!!! yuk's.

look this guy has been a pain so why add to your PAIN. Get the ad removed and save yourself the grief.

You've heard the term let sleeping dogs lie-- would have been perfect for this iddiott.

He said I'll be out the 31st-- your answer is please leave the keys and your forwarding address. Can you also leave a note that you are voluntarily surrendering the property. Anything left on the premises may be disposed of by management.

Most people don't know what harassment is from a hole in the wall.

I fail to understand the issue here. You told him to get out. He is getting out. The house is pristine and able to be rerented immediately. You already have folks looking at the place. You did agree to release him early - you told him to go and he is.

What is it you actually want? If you want to milk him for 10 days rent,take it from the security deposit ... Or if the house is perfect as you state and he's gone on the 31st, move on in life.

Back away, leave him alone, and let him move out. There is no reason to give him any more excuses for confrontation.

Take the extra days rent out of his deposit.

You have to stop anticipating a fight. The tenant hasn't done the wrong yet. He's going, leave him alone, and let him go.

Jim,

I don’t know CA law.

My lease is clear: 60 days notice in the form of 2 calendar months only.

Helps clarify exit timing.

Hi Brad,

CA law is very clear, 30 days is calendar days...not the beginning of the month to the end of the month. So, if 30 day notice is given on the 10th of a month in which has 30 days in that month. The tenant's last day of tenancy is the 10th of the next month. Ca is one of the few states that has it in the middle of the month, if it falls that way.

I think Joe has a point.

In almost any other type of job it would be almost unheard of to the get the tenant's employer involved in this dispute. But you do have that recourse with the military.

But I think it should only be used in extreme situations.

How would you like someone contacting your employer and making you look bad, for something unrelated to your job?

And maybe I would call the CO if I were trapped in a long term lease with this guy but he was on month to month and he's moving out in TWELVE DAYS.

@Frank I'm not seeing where he is using his military status to do anything.

He was an annoying Alpha male and the OP wanted him gone. That part I agree with, I wouldn't want to rent to him either.

However he was given notice to leave and agreed. The place was in good condition. It seemed things would go smoothly. And then the OP placed a rental ad online with the house's address exposed, Which resulted in random people knocking on the door disturbing the tenant. The tenant reacted in an immature but totally predictable way by an empty threat of getting a lawyer.