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Posted: 4/28/2014 10:47:35 AM EDT
My tenant won't leave after their 6 month lease is up today.  They've told me they can't move out until the 15th of next month.

I've been trying to get the new renter in there with the assumption that the house would be cleared out today.

WTF is wrong with people?

Link Posted: 4/28/2014 10:48:41 AM EDT
FSA crowd?
Link Posted: 4/28/2014 10:49:18 AM EDT
Change the locks and put the stuff on the curb if you have a signed lease
Link Posted: 4/28/2014 10:50:41 AM EDT
Did you give them a moving notice.
Link Posted: 4/28/2014 10:51:20 AM EDT
I was on the other side of that. I got a phone call three days before I was supposed to move in saying that the renters hadn't moved out yet. I ended up getting put up in a corporate apartment for a few weeks at no charge.
Link Posted: 4/28/2014 10:52:45 AM EDT
It happened to me.
I was the new renter.

Luckily it was my Grandma's rent house .
I called the renter and told her to get the fuck out.
Link Posted: 4/28/2014 10:54:06 AM EDT
Will you be giving them a "Your lease ran out" adjustment price for their extra time spent there?  Sounds like poor communication on both ends if them telling you they won't be out till mid next month is a surprise to you.
Link Posted: 4/28/2014 10:55:20 AM EDT
three words...extended stay hotel
Link Posted: 4/28/2014 10:55:52 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By manosteel00:
Change the locks and put the stuff on the curb if you have a signed lease
View Quote


And go to jail.
Renters have more rights than landlord.
Try to cajole them out, if not lawyer up and start evection process.
You may be able to do the eviction yourself but I always used a lawyer,
judges like that better.
Link Posted: 4/28/2014 10:55:54 AM EDT
I had that happen to me when I was getting ready to move into a place.

Old tenant hadn't left yet, and we were supposed to move in that day.  Ended up being 3 days before we were able to move in.  They prorated our rent for the month.
Link Posted: 4/28/2014 10:56:27 AM EDT
[Last Edit: 4/28/2014 11:43:46 AM EDT by RIO-lover]
Good luck getting them out OP.
With some of the horror stories I've heard, it won't be easy.
Link Posted: 4/28/2014 10:57:10 AM EDT
Pics?
Link Posted: 4/28/2014 10:57:14 AM EDT


Nope, but I have been the guy waiting to move in.





Sucked balls too, after a month in a Motel during a job relocation.





The dirtbags left behind some refreshments that I found in the back of a built-in which I promptly flushed, served em right


Link Posted: 4/28/2014 10:57:38 AM EDT

Does the lease revert to a month-to-month lease when it expires?  If so, did you give them at least 2 weeks notice?  What does the lease say with regards to the end of the 6 months?

If you have done everything in accordance with the lease, post an eviction notice.  If they are still there in 10 days, start the eviction process.  Keep records of all costs and hold them accountable for the costs.
Link Posted: 4/28/2014 10:58:58 AM EDT


Discussion ForumsJump to Quoted PostQuote History
Originally Posted By notwen:

Will you be giving them a "Your lease ran out" adjustment price for their extra time spent there? Sounds like poor communication on both ends if them telling you they won't be out till mid next month is a surprise to you.
View Quote


Do that.  New month-to-month price is 400% higher than lease rent.  That might motivate them.  Probably against the law
Link Posted: 4/28/2014 11:00:42 AM EDT
Did you tell the old renter who the new occupant(s) are?

jkeith: Hey, Old Renter, the new family said they'll be there bright and early. Here's a pic.



I'll be out of touch for a few days, don't waste a dime calling.
View Quote
Link Posted: 4/28/2014 11:05:58 AM EDT
I've given this advice on here a couple times before. Offer them $400 cash to be out in 24 hours. It always works, always.
Link Posted: 4/28/2014 11:09:12 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By rugerdog:
I've given this advice on here a couple times before. Offer them $400 cash to be out in 24 hours. It always works, always.
View Quote


I've done that before. Take the money now or I'll take you to court and garnish your wages, you decide.
Link Posted: 4/28/2014 11:14:13 AM EDT
Am I in before our resident renting troll?
Link Posted: 4/28/2014 11:14:42 AM EDT
I've been in many lease contracts.  EVERY single one I have been in both parties have communication requirements at the end of the lease.  Usually it is a 6-8 weeks notification required.  The tenant is required to tell the owner if they are leaving or staying, and the owner is required to tell the tenant the lease is up.  There is usually a 2 week response period where the responding party has a chance to respond. If for whatever reason the communication doesn't happen the tenant is usually defaulted into a month to month contract for the minimum of one month.  That price is generally about 30% higher than the contracted lease term.

If you are caught in this situation, I'd have a lawyer go over your lease contract before your new tenant moves in.  Communication is a two way street and it takes two parties for it to fail.

Link Posted: 4/28/2014 11:16:00 AM EDT
I signed a 1 year lease 8 years ago and nothing more. we agreed if I decide to move I would let him know as much in advance as I could and if he decided to sell he would do the same. if I plan on leaving I have no doubt there would be 30 days notice I could give and he said that was fair.
Sounds to me like there was no communication between each other in this case. most people would wait on the landlord to present a new lease or an eviction notice.If they were paying their rent why would you assume they want to move in the first place?
Link Posted: 4/28/2014 11:33:34 AM EDT
I have no idea what the lease says of a friend of my wife's.....that said, I'd tell the landlord to fuck off.......

Her husband deploys from JBLM. One week later the landlord calls her up and says the Army is transferring them back to JBLM in 2 weeks and they'll need their house back and her and the kids out when they get back.

She's been in a massive panic trying to find a new home, all on her own. Personally I'd have told them to fuck off and get a court order to evict my ass while I was looking for a place.
Link Posted: 4/28/2014 11:37:22 AM EDT
Their squatter's rights, their rules.
Link Posted: 4/28/2014 11:40:54 AM EDT
OP here:

I talked to the renter a week ago and was told they'd be out on time.  

She was aware the day that lease ended and was aware that I had a new renter coming in.

So this was a big surprise.
Link Posted: 4/28/2014 11:43:33 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By underdogII:


And go to jail.
Renters have more rights than landlord.
Try to cajole them out, if not lawyer up and start evection process.
You may be able to do the eviction yourself but I always used a lawyer,
judges like that better.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By underdogII:
Originally Posted By manosteel00:
Change the locks and put the stuff on the curb if you have a signed lease


And go to jail.
Renters have more rights than landlord.
Try to cajole them out, if not lawyer up and start evection process.
You may be able to do the eviction yourself but I always used a lawyer,
judges like that better.


This.  Renters have way more rights than landlords.  You would not believe some of the stuff renters can get away with legally, thanks in part to that blasted ADA.
Link Posted: 4/28/2014 11:46:47 AM EDT
Call the cops anon and tell them you think it's a meth house.
Link Posted: 4/28/2014 11:48:20 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By toyotaman:
OP here:

I talked to the renter a week ago and was told they'd be out on time.  

She was aware the day that lease ended and was aware that I had a new renter coming in.

So this was a big surprise.
View Quote



Guessing someone told her to just stay another month rent free since eviction will take 30 days anyway.  Sucks. Serve eviction now.
Link Posted: 4/28/2014 11:50:57 AM EDT
I've been granted free 10 day extensions before. But I wasn't a jerk and my landlord was a decent person. So yeah. You're boned legally though.

Back story. I'm a college student. Lease expires at the end of April. Exams finish may 3. So I either love our of my cat or have them let me move everything out that weekend. The first of May.
Link Posted: 4/28/2014 11:52:32 AM EDT
It's called holding over on a lease.  You can file for eviction based on this but if they are leaving in a number of weeks it'll be a waste of time and money.

If you're going to file just in case IIRC Fl tenant landlord law requires a seven days notice before you can file.  However, you can then pass on that expense to them after you have given proper notice. If they move out before the court date just dismiss the case.  

If your lease automatically reverts to a month to month lease you should have given them notice in advance (depending on your notice to vacate requirement) that the month to month lease would entail a month to month fee. Typically this is $100 but there's nothing that says it can't be higher (within reason).  Additionally, with proper notification, you can raise their rent every thirty days if you want.

Your problem is not knowing if or when these people are going to actually move. They already told you they would be gone but are still there. I'd give them notice that if they are not out within seven days you will file for eviction based on their holding over on the lease. Then file on them just in case they done move.

FWIW I've been in property management for the past twenty five years including work in Florida.
Link Posted: 4/28/2014 12:00:27 PM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Covertness:
It's called holding over on a lease.  You can file for eviction based on this but if they are leaving in a number of weeks it'll be a waste of time and money.

If you're going to file just in case IIRC Fl tenant landlord law requires a seven days notice before you can file.  However, you can then pass on that expense to them after you have given proper notice. If they move out before the court date just dismiss the case.  

If your lease automatically reverts to a month to month lease you should have given them notice in advance (depending on your notice to vacate requirement) that the month to month lease would entail a month to month fee. Typically this is $100 but there's nothing that says it can't be higher (within reason).  Additionally, with proper notification, you can raise their rent every thirty days if you want.

Your problem is not knowing if or when these people are going to actually move. They already told you they would be gone but are still there. I'd give them notice that if they are not out within seven days you will file for eviction based on their holding over on the lease. Then file on them just in case they done move.

FWIW I've been in property management for the past twenty five years including work in Florida.
View Quote



Did you give them a written notice that their lease was to end? If no then like the poster above said it reverts to a month to month lease.
If no written notice then you must notify them their lease is expired and to vacate in 30days, end of May.

Of course they must pay the this months rent "May" right now.
Link Posted: 4/28/2014 12:01:15 PM EDT
[Last Edit: 4/28/2014 12:01:28 PM EDT by Alien]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By underdogII:


And go to jail.
Renters have more rights than landlord.
Try to cajole them out, if not lawyer up and start evection process.
You may be able to do the eviction yourself but I always used a lawyer,
judges like that better.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By underdogII:
Originally Posted By manosteel00:
Change the locks and put the stuff on the curb if you have a signed lease


And go to jail.
Renters have more rights than landlord.
Try to cajole them out, if not lawyer up and start evection process.
You may be able to do the eviction yourself but I always used a lawyer,
judges like that better.

This... except I'm not a landlord.
Link Posted: 4/28/2014 12:05:44 PM EDT
What's the rent without the lease?  If there's no significant increase for renting without a long term agreement, then there's no incentive to either re-up the lease or get out.
Link Posted: 4/28/2014 12:06:37 PM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Imissed:
I've been granted free 10 day extensions before. But I wasn't a jerk and my landlord was a decent person. So yeah. You're boned legally though.

Back story. I'm a college student. Lease expires at the end of April. Exams finish may 3. So I either love our of my cat or have them let me move everything out that weekend. The first of May.
View Quote

clearly not a spelling major.
Link Posted: 4/28/2014 12:17:23 PM EDT
Make them an offer they can't refuse.

Posted Via AR15.Com Mobile
Link Posted: 4/28/2014 12:17:31 PM EDT
Thats why our standard lease has the rent double if the tenant converts to month-to-month. If they're willing to pay that much, I can put up with some shenanigans.

Kharn

Posted Via AR15.Com Mobile
Link Posted: 4/28/2014 12:24:03 PM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By rugerdog:
I've given this advice on here a couple times before. Offer them $400 cash to be out in 24 hours. It always works, always.
View Quote


75% of the time it always works
Link Posted: 4/28/2014 12:28:18 PM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Imissed:
I've been granted free 10 day extensions before. But I wasn't a jerk and my landlord was a decent person. So yeah. You're boned legally though.

Back story. I'm a college student. Lease expires at the end of April. Exams finish may 3. So I either love our of my cat or have them let me move everything out that weekend. The first of May.
View Quote



wat
Link Posted: 4/28/2014 12:47:04 PM EDT
[Last Edit: 4/28/2014 12:47:40 PM EDT by geekz0r]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By notwen:
Will you be giving them a "Your lease ran out" adjustment price for their extra time spent there?  Sounds like poor communication on both ends if them telling you they won't be out till mid next month is a surprise to you.
View Quote


Good point.

At my apartment complex you have to give the apartment manager a month notice.  (as in month-date not 30 days)

staying past the move-out date?  I would see this as reason to switch to a monthly rate until they move out PLUS another month's rent cos you may need to spend that month cleaning.  At least that's what they charge here if you don't give a full month's notice.
Link Posted: 4/28/2014 12:48:35 PM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By dyezak:
I've been in many lease contracts.  EVERY single one I have been in both parties have communication requirements at the end of the lease.  Usually it is a 6-8 weeks notification required.  The tenant is required to tell the owner if they are leaving or staying, and the owner is required to tell the tenant the lease is up.  There is usually a 2 week response period where the responding party has a chance to respond. If for whatever reason the communication doesn't happen the tenant is usually defaulted into a month to month contract for the minimum of one month.  That price is generally about 30% higher than the contracted lease term.

If you are caught in this situation, I'd have a lawyer go over your lease contract before your new tenant moves in.  Communication is a two way street and it takes two parties for it to fail.

View Quote

out of the three leases I've signed, only one required any notice, and that was only because I asked the landlord to add a 45 day notice requirement.

When I contacted him at 45 days, he was a douche and acted like I was wasting his time.

None of them included a clause that defaulted to month-to-month.

Posted Via AR15.Com Mobile
Link Posted: 4/28/2014 1:08:44 PM EDT
I have been a landlord for 25+ years. I have had this happen several times. Serve them with a "Notice to Quit", and just tell them that the state requires you to do that at the end of any lease now. This will start "the process" should you need to move toward a formal eviction. If there is one valuable piece of advise that I can lend, it is this.... and listen VERY carefully... Be Nice To Them ! kill them with kindness. Do NOT lose your cool' not even for a second. They have more working for them you you do at this point. Piss them off, and they will fuck your property up!
 Try to get money from them toward the next months rent. Even if the only give you a hundred bucks, it's better than nothing.  Good luck.
Link Posted: 4/28/2014 1:20:08 PM EDT
Why I'm not a land lord.
Link Posted: 4/28/2014 1:24:19 PM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By TheCreep:
I have been a landlord for 25+ years. I have had this happen several times. Serve them with a "Notice to Quit", and just tell them that the state requires you to do that at the end of any lease now. This will start "the process" should you need to move toward a formal eviction. If there is one valuable piece of advise that I can lend, it is this.... and listen VERY carefully... Be Nice To Them ! kill them with kindness. Do NOT lose your cool' not even for a second. They have more working for them you you do at this point. Piss them off, and they will fuck your property up!   Try to get money from them toward the next months rent. Even if the only give you a hundred bucks, it's better than nothing.  Good luck.
View Quote


this man is correct. after the "3 day notice to quit" and if it's written it might be "5 day notice to quit" go ahead and go down to your local magistrates court office and file the first "Affidavit and Application of Ejectment and Rule To Show Cause" and you will fill that out. Mind you this is coming out of your tenants security deposit and just follow the procedure. Tell me you have a security deposit. also, be prepared for the same BS line in a month if you don't.
Link Posted: 4/28/2014 1:29:37 PM EDT
Uh, in a manner of speaking, yes.

My wife and I rented out our house in SoCal when I was in my last year in the Marine Corps. Everything was agreed about when he would be moving out, to coincide with my EAS and me starting my civilian job in SoCal.

It turns out that I didn't take Chinese superstition into consideration regarding the most propitious day of the month for someone to move into a new house. No shit. In the end, that's why the motherfucker wouldn't leave when we had agreed that he would.

I looked into having him evicted, but it's a phenomenally laborious process in California, with all advantages accruing to the tenant.

So instead I just harassed, annoyed and threatened him into eventually leaving.
Link Posted: 4/28/2014 1:38:06 PM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By southeast_scrounger:



wat
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By southeast_scrounger:
Originally Posted By Imissed:
I've been granted free 10 day extensions before. But I wasn't a jerk and my landlord was a decent person. So yeah. You're boned legally though.

Back story. I'm a college student. Lease expires at the end of April. Exams finish may 3. So I either love our of my cat or have them let me move everything out that weekend. The first of May.



wat

Live out of my car. Silly auto correct
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