Should I give my ill tenant a 30 day notice to quit?

Question

I have a tenant who moved from CA back to MI to care for a sister in with cancer and more recently an ill parent. She could not find anyone to rent her a home because she was a stay at home Mom with no verifiable income/job (left job to move home). She offered to pay 6 months in advance and we went to her bank branch and verified that she had well over 100,000 in her account. My property is paid off also. She asked for a monthly $25 discount for paying 3 months-6 months in full in advance which I agreed to. She renewed her second year lease. She always pays 3-6 months in advance in full and has completed 2 full years. She told me via text in July that she was NOT renewing her lease after Sept 30th (after a disagreement on discounted rent). I asked her was she moving back to CA or would need a letter of recommendation here in MI. She was very vague as if she didnt want me to know so I didnt pry. I noticed several additional people beside herself, 2 kids, mother and sister have moved in. She said it was because she needed help which sounded reasonable so I didnt increase her rent as stated in the lease. She told me a month ago that her sister was in hospice and her mother had a slight stroke. She also found that she has cancer too.

I feel bad for but she told me yesterday that she is too ill to move by October 1st after all. I offered her a one month extension til October 31st. She said she needs two months, I then told her I cant do a  2 month lease because it is too hard to rent out a house in MI in the winter.  She has been a good tenant.  What should I do? I know that NO one wants to move in December because of the weather and Xmas. She hinted for a month to month scenario.  I offered her a 6 month lease and am waiting for a reply.  Should I only extend the lease if she pays again in full at least 3 month out? Should I send her a 30 day notice October 1st? Im afraid that she will pay month to month then leave in the middle of holiday season/bad weather otherwise. Im sensitive to her situation but also leery about a winter vacancy complete with heating bills to pay. What should I do?

Priscilla Davenport · Answer

Thank you all for your responses. I notified her I will be coming over on the weekend to do an inspection as well as bring a new lease. I will find out exactly WHO resides there and tell her they need to move or be included in the new rent/lease agreement. She will be informed that I want a 6 month lease or she will need to move within 30 days. I will follow up with a courthouse 30 day to quit form early next week if she refuses.

Ronald Perich · Answer

I've tried to rent in December... Tough. Very tough.

My biggest concern is not with the renting in December. It's with the fact she has several other people living in your property. That's a clear violation of the lease (I would assume) and I'd make it perfectly clear to her (with a proper notice) that they need to go.

I don't know Michigan law, and I don't know the judges in your county. But there are some jurisdictions and some judges who won't allow you to evict during the winter months.

Sorry, but I think this relationship has run its course.

David Rawls · Answer

@Priscilla Davenport It sounds to me that the middle ground would be to tell her that you'll only let her and the extras stay if she signs for 6 months - at full price as well. Your tenant needs to understand that she has broken the lease and is completely subject to your will.

Chances are she will remain too ill to move and if she does improve enough to consider it, the cold will likely deter her. People don't like moving in or out during the winter months, especially when she has her mother and sister to think about.

Remember you don't have to rent to her. She's broken the lease. Anything you do for her now is a favor.

Good luck

Thomas S. · Answer

Brandt is correct, there is no place in business for emotions, leave your heart at home where it belongs.

Brandt Smith · Answer

@Priscilla Davenport this is a business not a charity. Make her an offer than makes good business sense. If she doesn't accept, move her out.

People will tug your heart strings. You need to make the decision based on business reasons.

Thomas S. · Answer

Offer her the option of different leases but do not provide a discount. Why would you, it is not a negotiation....No pay, no stay, housing is not a discount business. Allow someone to benefit from your property that appreciates what you are offering by putting her on the street if she does not act quickly.

Richard Ball · Answer

I am not sure where you are at in the negotiations but I would offer a 6 month lease paid in full at signing at X - (large discount) a 3 month lease paid in full at signing at X - (smaller discount) and a month to month at X. Make sure to include all the people currently living in the residence on the new lease.

Thomas S. · Answer

First you need to understand that you are operating a business and people like her in her situation often try to run the pity scam to take advantage. If feeling bad for her effects your business decisions you are in the wrong business.

Her health and past payment have nothing to do with making business decisions. Having a paid of mortgage, although a bad business decision has zero bearing on whether you want to operate the home as a rental or as free housing for the homeless.  I would insist she either sign a 6 month lease and that she pay in advance or terminate her asap. I would also stick to the lease agreement and increase her rent for the additional tenants. You are being played and falling for the poor me ploy. if you give her any breaks at all regarding her obligations you will be the one that loses.

Either make her commit or put her on the street at the end of the month. Every day you waste is going to cost you money and she will eventually walk leaving you holding the bag. If you want to be charitable donate money to a local organisation.

Frank Squire · Answer

If your property is paid off and you wish to be charitable theirs nothing wrong with that. You can always write off the loss.

Missy H. · Answer

If she does not agree to a 6 month lease, I think that extending the lease for three months, if she pays three months in advance, is a good idea.

If you don't normally do month to month, there is no need to start now.

Should I give my ill tenant a 30 day notice to quit?

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