What do I do if my old tenants don't close on there house.

[Ray Thorsen]

I have a tenant who is buying a house and moving out of mine......I hope.  They were supposed to close 3 weeks ago and are due to move out April 10. I have a tenant ready to move in may 1. If they issued notice and are not out on the date they specified do I have to evict them in the same fashion as if they didn't pay rent. There lease has expired so they have been mtm for a few months while they were looking to buy a house.

[Randy E.]

@Ray Thorsen, I would not schedule the painter's time on April 11.  You can't be certain the tenants will vacate by the 10th, and in fact you have at least a little reason to doubt they will be out.  As a professional courtesy to the painter, you shouldn't schedule him for the 11th, unless you plan on paying him whether or not he can paint that day.  Allow him to schedule another job on that day.  Call him when you are more certain about the move out date.

Regarding the tenant, I would try to reduce the tension.  Write him a letter and say you would be willing to extend the deadline through the end of April, but that he has to let you know by April 5 and pay you the extra rent by April 5.  Explain that you understand his anxiety about the uncertainty about his home purchase.  Also explain that you need a firm move-out date because you are a landlord and need to re-rent that unit.  Calmly explain that a court eviction will cost you money and time, and will harm his ability to rent in the future.

I know that at this point, you want him out by the 10th and the new tenant in.  However, to continue to raise the tension might lead to an eviction.  And an eviction will cost you money and even more time.  And if you choose to court evict and the tenant does not close on his house, the tenant might choose to drag out the eviction process as long as he can.  If he has been an otherwise good tenant, I wouldn't want to choose that route too hastily.