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Updated about 7 years ago on . Most recent reply

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44
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6
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Paul Tibok
  • Investor
  • Stuart, FL
6
Votes |
44
Posts

My first rental. Tenants are not leaving after lease, please help

Paul Tibok
  • Investor
  • Stuart, FL
Posted

Hello BP, new landlord here.  I need advice.  My property is in Fl. I bought my property in August and took over the lease for the previous owner.  My tenants lease is up Jan 31.  They told me they were leaving last month which is fine with me for many reasons but I have a feeling they  wont be leaving.  Its clear they havn't started packing and I just have a feeling they can't find a place or mabye now realized even tho I raised their rent in the new lease proposal they wont be able to find anywhere that compares for the price. I have already started to market the place and have plenty of people who want a viewing as soon as it is vacant.  What should I do besides talk to them and try to work it out if they are not out by Thursday?  To my understanding I need to give them a notice in person which states they have 72 hours to vacate, and if they don't then I need to file an eviction at the courthouse.  Is this accurate?  Aren't they trespassing after the lease expires?  If they write me another rent check because they say they want another month should I not accept it?  I want them out because they were not willing to pay the increased rent which was still under market but anyway please help me this is my first rental property and I need to go about this professionally and legally.  

Most Popular Reply

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1,311
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2,056
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Matthew Olszak
  • Real Estate Broker
  • Chicago, IL
2,056
Votes |
1,311
Posts
Matthew Olszak
  • Real Estate Broker
  • Chicago, IL
Replied

Call:

"Hi [Tenant], is your plan to still move out by the end of the month?"

YES - "Ok, just needed to know because I have to schedule my turnover crew to get in their asap. Could you give me your new address so I can forward the security deposit? (so you can be 60% sure they aren't bluffing)."

NO, they want to stay - "Great, I'll stop by with the new lease / send the docusign link later tonight. I'll need that back by tomorrow so please confirm you received it in the next 15 minutes."

NO, they need more time - "OK, we can continue on a MTM tenancy, but I'll need you to sign an agreement that you'll give me at least 30 days notice prior to moving out. I'll need that back by tomorrow so please confirm you received it in the next 15 minutes."

On either of the NO's, if they don't reply/sign asap: "Just following up. I really need this signed, because if we go past Feb. 1, I have to file for an eviction, and listen, as soon as that is filed you'll have a very difficult time finding a landlord to rent a unit to you. I'm willing to work with you but we have to get something in writing asap."

AGAIN - this is over the phone or in-person, not via text/email.

  • Matthew Olszak
  • [email protected]
  • 847-447-6824
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