The Joys of being a Landlord

[Wendy S.]

Tenant June 1 to Dec per room rental expires Dec 31. Initially asked for 3 months extension to which we agreed in writing but then Tenant changed to request 6 months. We declined, and asked Tenant to confirm the 3 months extension with existing rate and terms.

Tenant sent numerous inappropriate correspondence, involved other roommates unnecessarily and told us no repairs can be done during Tenancy, after we caught water damage to the brand new bathroom that was installed. We also planned to pull carpet which got wet in a bonus room next to another bathroom that had to be repaired following a leak. Tenant said no repairs/construction work will be done during Tenancy.

We then wrote Tenant to say, we did not receive a confirmation to the 3 months, based on all that was happening and what we needed to do unfortunately we would not be able to extend beyond Dec 31st. The breakdown was untenable and we wanted to move on.

Tenant refuses to leave then asked for 60 days extension. We said no. Tenant then asks for rent to be prorated daily until move out. We said no, this is not our model. Tenant acknowledges and said correct, hence the request. We refer Tenant to read over the Rental Agreement signed. Tenant said fine, I am going to pay January's rent and that's that. We reminded Tenant Agreement expires Dec 31.

Tenant writes again, that 2 weeks into January is possible and again asked to waive fees, and only be charged daily. You know our response by now.

Dec 30 Tenant advised, of a January 2nd move out.

Our agreement has a 50% of rent for early termination. However in this case, there would be no need to notify and pay the penalty as there would be no Agreement in place.

We also have a holdover daily fee which is not considered rent if Tenant fails to move out completely by end of Agreement.

Rent is due on the 1st, so whether you choose to occupy 1 day, 15 days or 30/31 days full rent for the month is due.

Based on our scenario, would the most equitably solution be a 2 days Secuity Deduction if Tenant actually moves out on the 1st?

[Nathan Gesner]

Quote from @Wendy S.:

I'm dizzy from all the facts, so I'll be blunt.

The best solution is for you to remove this Tenant as soon as possible. You need to know your lease inside/out and stick with it. You need to know the state laws and understand that the Tenant cannot deny you access to conduct inspections or maintenance. 

I would give the tenant written notice that they failed to confirm the extension, that they've delayed necessary repairs by refusing entrance, and you want them out no later than 11:59PM on December 31st. If they fail to leave, they will be treated as a holdover tenant, charged whatever fee you agreed to, and the eviction process will commence.