Tenant Wants To Stay Beyond Lease End Date

[Art Maydan]

I have a tenant whose lease is up 8/31 and I’ve got another lease for the unit starting 9/1. The current tenant says they can’t be out until the evening of 9/1. I’m going to have to tell the new tenants they can’t move in until 9/2 and to pro-rate that day of rent off. I’m holding a security deposit for the current tenant. Am I allowed to take that pro-rated amount out of their deposit? Is there a more tactful way you’d handle the situation?

Thank you,

Art

[Deanna McCormick]

Honestly,, I would absolutely give them the riot act and inform them that they absolutely have to be out the 31st at noon.. They have 8 days to pack and rent a truck, they can put their crap in a truck and sleep in the parking lot.. but they have to be out. 

YOU"D BE absolutely surprised how fast someone can pack their crap when you hold them to it.  

We had a 75.00 dollar per hour penalty for any one not out by NOON.. it was in our policy packet and we held to that.. NOT sure what your state regs are but  from what I read in your lease..

A. you would need to file a forceable entry.. and retainer action with the court ,, for tenants failure to vacate,, then tenant would be forced to pay you double rent for any days they remain in unit.  (which is basically nothing to be scared of for them)

OR>>>> which is much more demanding..

B. You give tenant written notice to them that if they are not out at noon on the 31st, your giving them notice that thier lease will extended for and additional year, with a 20% rent increase..

C.. IF you don't give them written notice per item B that he lease is extend for the 1 year term, the tenant would be on a month to month term,, SO DO B>>> and see how fast they leave.. they'll be out tomorrow.. 

SO GIVE THEM WRITTEN NOTICE that if they remain in the unit 1 minute past the time are are to be out that you are extending the lease for another 12 months, and will increase rent by 20%.. per .. Notice of lease extension due to intent not to vacate on 8/31/ 2017 by 12 NOON is what the top of my letter would state. 

Do you fully understand this clause in the lease,, DO THEY ?? HIGHLIGHT it and say you see no reason for them not to be out as per their original plans,, that the new tenant has said they need access and can not be delayed.. and if they want to risk the legal issues of this portion of the lease you fully intend to exercise that option, and here is the Notice of Lease extension per B on their lease agreement..