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Updated over 1 year ago,
My inherited tenant says she doesn't have money and nowhere to go
I am a landlord in the Baltimore city Maryland. I am suffering from a tenant inherited from my recent property. Here's some timeline of the story...
- 05/25: I purchase my first property in the Baltimore City with an existing tenant. The property is a 2-unit multifamily unit. I and my family live upstairs, and this tenant lives downstair. The tenant's lease ends 06/30. When I met the tenant first time and said hi to her, she said she likes the place and wants to stay.
- 06/04: She paid her June rent, which is my first rental income, although she paid a little late (original due 06/01).
- Around 06/10: The tenant disappeared for two weeks. No response to my texts, calls, emails, anything. I even filed a police report of missing person later.
- 06/18: I emailed her to send new lease draft and ask to formally renew, saying "let us know by 06/20". No response
- 06/21: I emailed to say "because you didn't respond, we assume that you are not interested in renewing the lease and start to show your unit to other persons". Still no response.
- 06/23: The tenant just showed up. She was in some psychiatric treatment facility. She said she changed her mind, wanted to move out to another place because she wants a cheaper place. She also said she is now estranged from her parents who paid her living expenses for her so she has no money for rent or new security deposit. She said she was a college student but now she dropped out. That is why her parents got pissed and stop paying for her. She even sent me a screenshot of her almost 0 balance of bank account and high credit card balance. She texted me, "Can I still live here until I get my life together? I don't have a job and I can't afford rent or a deposit". I even suggested some prorated rent for July until she can find some place to move out but she just keep saying she doesn't have money to do anything.
Too much headaches. It is very likely that she will just sit on the unit after the lease expiration date of June 30 and not pay rent.
What should I do? Should I evict her after June 30 for holdover (I believe this is 60-day waiting period before proceeding to eviction?) Should I let the automatic renewal lease kick in and evict her for non-payment (is this 10-day period)? Should I persuade her to somehow pay prorated rent and make a new lease agreement? For your information, I don't have any security deposit inherited from the previous owner because the previous owner says they already used her security deposit for her unpaid utility bills.
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Here is some part of the relevant lease agreement that she made with the previous owner of the property.
- AUTOMATIC RENEWAL OF LEASE TERM: This Lease shall continue in force from month-to-month (“Renewal Term”) after the expiration of the Initial Term at a monthly rental rate of 1,200.00 USD. However, either party may terminate this Lease at the end of the Initial Term by giving written notice to the other party SIXTY (60) days prior to the end of the Initial Term. Either party may terminate the month-to-month Renewal Term at the end of any rental month, provided that written notice of not less than thirty (30) days is given to the other party prior to the last day of the desired final rental month of the tenancy.
- TENANT'S RESPONSIBILITY AT END OF TERM: Tenant agrees to surrender the Property to Landlord at the end of the Initial Term, or any renewal thereof, in the same condition as when received, ordinary wear and tear excepted. Tenant further agrees to surrender the Property free and clear of all furniture and debris and in a bloom clean condition.
- FAILURE TO VACATE AT TERMINATION: If Tenant does not vacate the Property on or before the last day of the applicable Term, Landlord may in accordance with Maryland law (a) eject Tenant and take possession of the Property; (b) hold Tenant liable as a tenant holding over for another one or more terms at the same rent; and/or (c) exercise any other remedy granted to a landlord under Maryland law.
- HOLDOVER CHARGES: If Tenant shall fail to surrender the Property upon the expiration, early termination or default hereof this Agreement, Tenant shall be subject to all terms and conditions contained herein, provided that such tenancy shall become a tenancy at sufferance only, and Tenant shall be required to pay rent on a month-to-month basis without reduction at a rate equal to 175% of the monthly rent applicable during the last calendar month of the Term. Nothing in this section shall limit Landlord's legal rights or remedies, or be deemed a consent bv Landlord to any Tenant holdover. If Landlord is unable to deliver possession of the Property to a new tenant or to perform improvements in advance of a new tenant as a result of Tenant's holdover, Tenant shall be liable for all resulting damages including lost profits incurred by Landlord.