Not renewing a month to month lease

[BRB Storage]

I have a tenant who rented a parking space in my inside parking facility in August with a month to month lease. He has been late on rent every month since moving in. I have had to get on him about using more space than he is paying for, then wiring his compressor straight to our electrical box without a plug, then sleeping in facility, and grilling in the facility. On 1/14/21 I received complaints from long time tenants that a group of people were in his area smoking weed. I sent sitelinks form for not renewing his lease by email and certified mail. He called today to try to make a payment. I informed him that I would not be taking his payment because we were not renewing his lease. He admitted to not reading his emails and his mailing address is at his sisters house. He says that he was not smoking weed. I told him the decision is final and he has to be out by 1/31/21. He has called 3 times today asking me to let him renew the lease. I told him the owner says the decision is final. He keeps asking to speak with the owner. I explained to him that he can not speak with the owner. He pays me to take care of these things. He then called back and said he spoke with the police dept and legal aid and was told I could not evict him without going to court. I explained that he was not being evicted that we were choosing not to renew his lease. Our lease states the following: Lessee agrees to indemnify against, and hold Lessor harmless from, any and all claims, losses, damages, expenses, costs, and attorney fees arising out of, or caused by, Lessee’s breach of any term(s) of this Lease Agreement.
In addition to any other remedy provided at law or in this Agreement, it is expressly agreed that if Lessee is in breach of this Agreement with respect to any obligation hereunder, and shall remain in default for a period of five (5) days following written notice from the Landlord calling attention to such default, Lessor may declare this lease terminated and canceled and take possession of the Storage Area without prejudice to any other legal remedy it may have on account of such breach. Said notice may be given to the person in charge of the premises at the address provided below, or at such other address as Lessee may provide by written notice to Lessor.
Am I understanding the lease correctly that I do not have to give 30 days notice of non renewal because he is in breach of his lease?

[Kevin SC]

His discussion with the police aren't based on the premise of your lease and his breach thereof, just standard eviction processes. It's the tenant's responsibility to keep his mailing address updated with you and from what it sounds like is that you did give him written notice based on the information that he provided to you.

However, I assume you had your lease drafted by a lawyer? If so, I would contact them (and confirm with your state's Self Storage Association) to discuss any potential loophole that he might be trying to exploit but from this alone I personally feel like you're covered.

<-- not a lawyer lol

[BRB Storage]

Thanks Kevin. Our lease was prepared by a lawyer. This guy can't afford to pay his rent of $192.00 per month much less hire a lawyer. He keeps crying its not fair other people do stuff and you don't kick them out. I had 3 people that I sent non renewal letters to this month for not following the rules. I explained I could legally auction his dump trucks for non payment. He asked what I would do if he is not out by 1/31/21. I told him I would have his trucks towed and get a trespassing order against him. Some people are just hard headed!

[Kevin SC]

The sheer entitlement of this guy....it's bewildering.

Honestly, I think you've shown great patience and understanding so far (more than I would have), but the things you mentioned: smoking marijuana in the unit, wiring into the electrical box, sleeping in the facility, grilling on premise, etc.) I've seen many get their leases terminated for far less - and rightfully so.

Getting this guy out of your hair as soon as possible will be better for you and the rest of your tenants.

[KrisinWA]

I literally had a guy get on his hands and knees and beg to be able to stay. I told him no, he kept sleeping on the premises and damaged the unit he was in. Super nice guy but even super nice guys need to move on.
Also, you're not ''EVICTING' him, as that would imply he's living there as primary housing, you're declining to renew his lease (like you pointed out).
Condition his access-only access during the hours a manager is on the premises.

[pacnwstorage]

The sheer entitlement of this guy....it's bewildering.

Honestly, I think you've shown great patience and understanding so far (more than I would have), but the things you mentioned: smoking marijuana in the unit, wiring into the electrical box, sleeping in the facility, grilling on premise, etc.) I've seen many get their leases terminated for far less - and rightfully so.

Getting this guy out of your hair as soon as possible will be better for you and the rest of your tenants.

There is that word again....entitlement. It is being used more and more and rightfully so. Even here in the "left coast" area, they have the cannot evict because of non payment but they do allow a three strikes your out eviction. They break any lease rules two times they get warnings and the third time they can be evicted.

Yes, the storage lease allows for non-renewal of the month to month lease and is the same as a 30 day notice. "Tony and the boys" are staying busy on their speed dial number I have been handing out.

[AngelaESSTX]

"Tony and the boys" are staying busy on their speed dial number I have been handing out.

Are...are you Tony and said "boys"?? lol

[pacnwstorage]

At my facility I am when needed. Someone has to be the sheriff and enforce what was agreed upon at the rent up.

[BRB Storage]

Believe me this facility can be a big head ache but it brings in good revenue.. 5 1/2 acers inside. There are no security cameras and access is 24/7. The spaces are not marked and people basically say I want this area and I measure it and charge .40 per sq foot. I manage 4 lots (2) gated with marked spaces, cameras and security gate, the inside lot and a ungated tractor/trailer lot. I only get to the last 2 once a week or less. It is in an undesirable neighborhood. I am not allowed to be there after dark. I also have a concealed carry permit. I have been told it is really swinging at night. I mostly have to depend on my long term tenants to let me know what is going on at night. For the most part it is about 40-50 guys working on their cars. Everyone knows that if I catch them breaking the rules they are out. It is kind of funny to see them when I pull into the building. They immediately start cleaning their area.

[pacnwstorage]

Believe me this facility can be a big head ache but it brings in good revenue.. 5 1/2 acers inside. There are no security cameras and access is 24/7. The spaces are not marked and people basically say I want this area and I measure it and charge .40 per sq foot. I manage 4 lots (2) gated with marked spaces, cameras and security gate, the inside lot and a ungated tractor/trailer lot. I only get to the last 2 once a week or less. It is in an undesirable neighborhood. I am not allowed to be there after dark. I also have a concealed carry permit. I have been told it is really swinging at night. I mostly have to depend on my long term tenants to let me know what is going on at night. For the most part it is about 40-50 guys working on their cars. Everyone knows that if I catch them breaking the rules they are out. It is kind of funny to see them when I pull into the building. They immediately start cleaning their area.

In that big of a place, how do they know you showed up. You have lights and sirens on when you enter the grounds?

[BRB Storage]

Lol
They know my car. As soon as I pull in they scramble.

[pacnwstorage]

"Whoops, cheese it, it's the cops!"

Then the panic begins and they open up their excuses book to be ready for you when you come by their "space".

[Tall Terri]

[QUOTE=
Am I understanding the lease correctly that I do not have to give 30 days notice of non renewal because he is in breach of his lease?[/QUOTE]

The first time they break the rules, I give a verbal warning but notes in the account. Second time, written warning and notes in the account - however if they are living on property that is immediate removal with the cops assistance and not to return to get their property except during office hours. Their code is removed so they have no access.

[lady5563]

The first time they break the rules, I give a verbal warning but notes in the account. Second time, written warning and notes in the account - however if they are living on property that is immediate removal with the cops assistance and not to return to get their property except during office hours. Their code is removed so they have no access.

YES! You are understanding it correctly!
Serve them notice....they are outta here!