We have rented out our house and signed a lease stating that the tenant is responsible for security of the premises and house.
Unfortunately, today we again have found the house with no one home for more than three hours in the evening with the garage open, the garage entry door unlocked and the sliding glass door at the rear also unlocked. First floor windows were all open also.
In our view, the house is not reasonably secure. I believe this is a violation of the lease. The tenant is unwilling to change her habits to comply with the lease.
Legally, how is security of the house and premises defined and if the tenant is in default of the lease (security clause) what are my options?

You can give them notice in writing of the violation, and if they do not comply a notice of eviction,

But I would check with a real estate attorney in your area, to see if that that clause can first be inforced. And after they lease if they are allowed to do this.

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Originally Posted by bjenkins

We have rented out our house and signed a lease stating that the tenant is responsible for security of the premises and house.

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Hello bj:

If your lease says nothing more than you just did about security, you're out of gas. You may have your reasons for being so security consciences. I don't know. You also may have your reasons for sitting in the driveway for 3 hours watching your house for violations. I don't know about that either. Nonetheless, in my view, no matter what your reasoning is, you are being UNREASONABALE with your tenant.

State landlord tenant laws too, are based upon reasonableness. Therefore, I doubt whether your eviction will hold up.

In the first place, unless you rented your home furnished, there's NOTHING of yours to steal. In the second place, if someone DOES break in and does damage to your property, the tenant is ALREADY responsible for the repairs. In the third place, your tenant is entitled to "quiet enjoyment" while she is doing business with you. I'm certain your lease calls for you to give them reasonable notice when you visit. I'm also just as certain that you didn't do that when you decided to spy on your tenant.

Frankly, I hope you do sue them for eviction. They'll win, and they'll be out of your hair. I hate landlords who do what you do.

excon

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Originally Posted by bjenkins

signed a lease stating that the tenant is responsible for security of the premises and house.

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As indicated the exact wording of this clause may be key. If that's all it says, them it just means they can be held responsible if the house is damaged due to their negligence in securing it. It does NOT means they have to maintain a certain level of security. For there to be a lease violation, the lease would have to say something to the effect of:

the tenant is responsible for maintaining the security of the premises and house, by keeping all entry points closed and locked.

Only then might there be a violation, especially an evictable one.

What's your REAL concern here?

When one rents out a home, what is included for use by the tenant? We have an outdoor hot tub that we do not, based on our interactions thus far, particularly trust the tenants to operate and maintain. Our first frost is tonight (which would burst pipes when things freeze up). We've already signed the lease, but we are now wondering if it's included by default or not. If it's not included we'll close and winterize it, if it is and they do not maintain then are they liable for damages? What part of the lease would address these issue?

I think that we really messed up in our first leasing experience. We didn't do a rental app. so now we are realizing that we have no past addresses, contact info, birth date or social security number on our tenant. In fact, if she damages and runs or doesn't pay the last months rent, there's no way to track her that I can think of... Is there anyway to get this info now that we've signed the lease and she's in possession of the house? Am I right in assuming that these are details that we should absolutely have? Any advice would be helpful! Thanks

How is she paying you, by check? Then you have her account number. Depending where you live you can go to the local court house and do a search on her just by name. You really did make a biggie, hope you will survive it.

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Originally Posted by bjenkins

Any advice would be helpful!

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Hello again, bj:

Since this is the same tenant and the same lease, you should keep all your posts regarding your problem in one place. Maybe somebody will come along and put them all together.

Yes, you're in trouble. You want to evict your tenant for not keeping the house locked. You don't know who she is, and you don't know if you rented the hot tub to her.

You already know that you can't evict your tenant for leaving the house unlocked.

If NO mention of the hot tub was made in the lease, and it's ON the property she rented, she rented the hot tub too. If you're worried about her operating it, teach her. Don't go over there without giving her proper notice, though

You don't know who she is?? I don't know why you don't ask her to fill out a rental application now. You want information she has. There's nothing wrong with asking straight out. You ARE entitled to the info.

My final bit of advice is for you to familiarize yourself with your states landlord tenant law. We have a copy right here at the top of the forum on a sticky note. These laws are the RULES that govern the landlord business. It's not a good idea to go into business WITHOUT knowing the rules. You wouldn't play poker without knowing the rules, would you?

excon

Yes, and if you read some of the rental issues here you will find them just taking off the lease of your issues.

But if they pay by check, ask for a drivers license on the check.
You will find some areas will not even prosecute a bad check if there is not proper ID on the check.

Next you can "try" give them a copy of a application and tell you you are sorry you failed to get this, to fill it out and return it. They may, or they may not ( you can't make them at this point)

If I spend a hour with you I will normally know if your parents are alive, if you have brothers and sisters and where they live, how many ex wife's they had ans so on.

Of course it is included unless you specificly had a clause in the lease that stated it could not be operated.

And normally if you lease a home, the hot tub, the pool and all things on that specific property is inlucuded in the usage by the people leasing it.

If you already signed a lease and this was not exlcued in specific lanage you can not exclude it now.

Excon- thanks for the advice. I would LOVE to orient her to hot tub maintenance. In fact, we've set up appts and such that she did not show for. She will not return my phone calls or email messages. The hot tub is now become a pressing issue with the frost and we cannot get any communication back from our tenant- is there any rules about that? Advice?

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Originally Posted by bjenkins

is there any rules about that?

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Hello again, bj:

Not really. Like I mentioned the other day, the hot tub along with the rest of the facility is her responsibility. That doesn't mean you can make rules about HOW she exercises her responsibility. It just means that if she breaks it, she pays for it.

Sounds like a nice house. Hopefully, in addition to the first months rent, you got a full months rent as a security deposit, AND the last months rent. If you did, you should be covered. But, you didn't did you? Well, mistakes in business generally cost money. If you learn from them, then you'll be a great landlord in the future.

excon

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Originally Posted by bjenkins

I think that we really messed up in our first leasing experience. We didn't do a rental app., so now we are realizing that we have no past addresses, contact info, birth date or social security number on our tenant. In fact, if she damages and runs or doesn't pay the last months rent, there's no way to track her that I can think of...Is there anyway to get this info now that we've signed the lease and she's in posession of the house? Am I right in assuming that these are details that we should absolutely have? Any advice would be helpful! thanks

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Thank goodness that I am not a landlord by trade (obviously!). We are just trying to cover part of the mortgage for our home by renting it out so that we can spend most of the year with my husband's family in England.
We got 1st month rent and a full months security deposit, but not the last months rent... dang!

So you are not going to be around the area of the rental ? Off to some other place ( country). Arer you using a rental agency ( does not sound like it) who is going to collect the rent. What happens when the pipes leak, who is going to be called, have you notified the insurance company that it is now a rental and not a homeowner living in it, the policy has to be changed over also.

Questions merged. <>

As indicated, if you didn't specifically exclude it the hot tub was part of the attraction for the property. You should give them specific instructions on how to use it. But yes they will be responsible for damages if they misuse it.

Getting last month's rent is not 100% common.

If you are going to be an absentee landlord, then you need to provide someone to collect the rent, act in case of maintenance issues or emergencies, etc.

If the tenancy is new, you can present them with an application telling them you forgot to get it filled out.

We have noted in the lease that my parents, who live in the area, will act as the landlords' agents collecting rent, acting in maintenance emergencies, etc. And yes, we have switched the insurance policies. Thanks! This whole experience has been thus far, a baptism by fire...