Can I enforce an...
Can I enforce an early move-out date requested by tenant if I refunded part rent as tenant asked, during their 30 day notice period?Some further details: I am leasing a 3 bedroom apartment, and my landlord lets me rent out rooms for 10 years now. I usually rent out 2 rooms fully furnished, on month to month rental agreement, and allow tenants to use common areas furnished with my personal items. I had to go overseas to take care of my Mom, and rented out my own room as well while I was away. One tenant gave 30 days notice on 8/30, but did not pay rent on 1st. I contacted her, and she said it was holiday long weekend and did not have to pay until Tues, and she wanted Security Deposit used as rent which I refused. On Tues 9/4, I contacted her for rent again, and she stated she would only pay half rent for her to move out on 15th. I insisted on full rent, but I said she could move out on 15th and I would find tenant to start rental early and she would have pro-rated rent refunded. She then paid the full remaining rent, but insisted on staying until 9/30 but she would not have room cleaned until then, and she would not allow new tenants to view room if she wasn't there (she is travelling all the time and has not been there for months.) I cannot place a tenant search on hold! She has also turned the other tenants against me - I sent them an email advising the other tenant was moving out and I would be searching for new tenant and required their assistance to allow access for them to view room, but the other tenants are not answering emails or acknowledging they will help like they usually did. The tenant moving out has also threatened me with reporting landlord violations (there are none) and that I should be careful to be amicable as I will not rent the apartment without her. To try to get her to move out earlier on 15th as she originally wanted, I refunded 1/4 of rent upfront with another 1/4 to be paid once she hands in keys on 15th. She responded by stating that she would only have left early if I refunded half rent and now she is insisting she will stay until 9/21 as I kept 75% of rent and 21st is 75% of the month. She stated that I should not harass her roommates by sending emails (they are my tenants!!), and they all refuse to assist with allowing access to apartment for new tenants to view room. So she is effectively sabotaging the tenancy. To get her out, I just refunded another 1/4 of rent (so she now has half rent refunded) to get her to leave on 15th. I have no response yet, but I believe she will insist on dictating more terms. Her correspondence is not like her, and I believe someone else is writing her emails to sound more 'legal'. How do I get her to leave on the 15th? Is the 30 day notice period applicable if I have refunded rent so she leaves on 15th (the date she originally wanted)? Can I enter into my own apartment on the 15th, and stay in the lounge room/futon bed (as all the furnishings/property there is mine)? Can I change locks on the 16th? What if she stays longer than 15th? How can I get the other tenants to comply with allowing access to new tenants to view the apartment? Please help!
Lawyer's Assistant: What state are you in? It matters because laws vary by location.
California, and the apartment is in West Hollywood. The full lease is mine, and I rent out rooms individually.
Lawyer's Assistant: What steps have you taken so far?
I've tried to resolve this directly with tenant but situation is getting worse. I didn't file any notices (ie pay rent or quit) as the tenant always made promises, then changed terms of agreement after.
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
I have all email correspondence that I can scan and send so they see what happened in detail. I need to know how to get tenant to leave by 15th as I refunded rent, and what I can do with getting access to show apartment to prospective new tenants whether I am in LA or not. Also, I need to know if I can enter my own apartment and use my personal furnishings if all tenants are still there. I have told them before that if I have to be in LA for any reason I would sleep on couch.