First time Landlord with Holdover Tenant (Urgent Question)

[Mark Stone]

Thank you in advance for any insight or advice you can provide! I will explain in detail the scenario below but will start off with the abbreviated version (TL:DR) version first.

Thanks!

TL:DR

Tenant suppose to be out end of March but has no job so couldn't find a new place; BF aka help now in jail. She has 2 little girls and no where to go.

More background:

-So, I have a tenant in the back unit of my Triplex on a month to month lease; bf also on lease but he is now in jail for foreseeable future for breaking probation. I gave them notice at the beginning of March in writing that I wanted to end the lease at the end of the month of March. They had led me to believe they had found a place and were leaving. She now says that fell through, and she can't find a job in order to rent new place. Has 2 young girls living with her. She wants to pay week to week until she can find job and a place to move to ASAP. Has money from filing taxes but not enough to last much longer than end of the month. 

-BF (and even GF to a large extent) have been horrible tenants; front tenants almost wanted to move out bc of them being insanely loud in the middle of the night

-BF has drug issues and was bringing people back to the property to likely sell

-I wouldn't mind giving her another week if she paid me a pro-rated amount for the first week of April and then I got her to sell the additional car they bought (old mustang) in hopes that gives her enough money to move out easier.

-My main concern is if I give her another week will that make the lease automatically go for another month or something, and I don't want BF getting out soon and coming back to live there. 

-Could I end the current lease and draw up a week to week lease with only her with stipulations that the BF couldn't live there?

-Or in the next few days should I help her sell the extra car and then kick her out with enough money to at the very least go stay at an extended stay hotel until she can find a place?

Thanks again for any input. 

[Daniel O.]

@Mark Stone Tough situation from the standpoint of your conscience, but not in terms of your business. You already served notice that she / they had to be out by the end of March. Now that her circumstances have changed to where she will be even less able to be an acceptable tenant by paying on time you are asking whether to keep her week to week? I think you already know the answer. 

The idea of giving her half the security deposit is a good one, but don't plan on taking any damages out of the other half. You need to split any damages equally, and you will need to hold the other half for the other tenant when he gets out. You may also have some issues with what to do with his stuff.

Bottom line: even if it costs you some $ to get her out, it will be money well spent. Just make sure you follow the laws for your area, get receipts for any $ you give her back, etc.  Good luck.