Complicated Move-Out Questions

[Tyler Blackwell]

We had a challenging tenant finally move out today, 6 days late. To give some context, she lived in our basement rental unit and had a one-year lease. We saw she was a complete mess, she ALWAYS paid late, and wasn't easy to work with, so we decided pretty early we weren't going to renew her lease after the year ended, and we actually gave her 10 weeks notice to move, anticipating we might have issues. 

By not leaving on time, she broke our lease agreement. We actually had to put a 3-day notice to quit on her door to get her moving. She stayed left one day after that legally expired. At least that worked and she moved out, but I have two questions on how to approach the rest from here, given that she technically is in breach.

1. On move-out, does she have the opportunity to remedy any deficits in cleaning or make repairs? She's already taken a long time to move out, so we hesitate to allow this. It may take too long and judging on other work she elected to do without our permission, the work will be of poor quality. 

2. Are we allowed to take out a pro-rated amount from the security deposit for days she spent after the lease expired?

tl;dr: if a tenant moves out late, see questions!

Thanks!

[JD Martin]

She should have made remedies before she left. I would make repairs and take them out of the deposit. You are probably on firm ground for the extra day on the pro-rate, but I wouldn't bother. Just make the repairs and be on your way. 

[Matthew Paul]

Do not let her back on the property .  Cleaning should have been done prior to move out date. Charge the deposit for all expenses even the extra days 

[Tyler Blackwell]

Thanks Jd! I agree that she had plenty of time to prepare for move out and shouldn't get a chance to remedy anything outstanding.

By the way, she was there an additional 6 days, not just one :) It's a loss to us of a few hundred dollars.

I appreciate the feedback!

[Jacqueline Carrington]

I'd deduct damages/cleaning fees to her deposit and charge use and occupancy through the day of move out.

[Tyler Blackwell]

Thanks Jacqueline and Matthew!

[Marcia Maynard]

Yep. Prorate rent for the 6 days. In addition, calculate what she owes you for missing items, damages, extra cleaning, unpaid utilities. Hopefully her security deposit is enough to cover your loss. Don't let her back on the property.

[Darren Sager]

@Tyler Blackwell  don't just prorate the rent and charge her for it.  The proper term for when someone doesn't move out on the last day without your consent is Holding Over.  In many states, including here in NJ, landlords get DOUBLE the daily rate when this happens.  Check with your attorney and ask.  You might be due more than you thought!

[Candace Ellison]

@Darren Sager:

"Holding over" I like that. I hope I can charge this in my state TN. If so, I will be amending my lease to add it. Ya learn something new everday. 

[Marcia Maynard]

Originally posted by @Darren Sager:

@Tyler Blackwell  don't just prorate the rent and charge her for it.  The proper term for when someone doesn't move out on the last day without your consent is Holding Over.  In many states, including here in NJ, landlords get DOUBLE the daily rate when this happens.  Check with your attorney and ask.  You might be due more than you thought!

Yes. HOLDING OVER is the proper term. Unfortunately, in Washington State we are not entitled to double the daily rate when this happens. We can either renew the rental agreement or evict. In the OP's scenario, the tenant has already vacated the premises and he is now looking for what to do next.

Revised Code of Washington.... RCW 59.18.290 "It shall be unlawful for the tenant to hold over in the premises or exclude the landlord therefrom after the termination of the rental agreement except under a valid court order so authorizing. Any landlord so deprived of possession of premises in violation of this section may recover possession of the property and damages sustained by him or her, and the prevailing party may recover his or her costs of suit or arbitration and reasonable attorney's fees."

[Brie Schmidt]

@Tyler Blackwell - Darren is right, check your lease for a holdover clause.  If there is one in there then charge what it says plus the costs of cleaning and damages.  

[Rachel H.]

It's best to check your lease and see what's in it. This is what most attorneys I've talked with advise me to do when it comes to evictions. Best thing is to get her out of there as soon as possible within legal means. Good luck!