Subtenant Won't Schedule Move-Out Inspection

[Art Maydan]

I have a tenant in a triplex whose lease is up at the end of the month, but they bought a house 5 months ago and found a subtenant. I'm holding the tenant's security deposit and the tenant is holding the subtenant's security deposit. The subtenant signed a new lease with us starting May 1 with no deposit but a $500 move-in fee.

This subtenant has been a pain, but not enough of one to risk vacancy. I texted her this morning asking when in the next few days works for her to do a move-out inspection. We can then give the tenant back their deposit who can in turn give her back her deposit and she can pay the move-in fee. She's telling me she's swamped all week. I know thew type of people who are very busy and she is not one of them. She finally said she'd get back to me with a time that works in the next few days.I won't count on it. 

My concerns are: 

1. I can't return the original tenant's deposit until we do an inspection.

2. I'm concerned she plans to not pay rent starting May 1 and see how long she can stay for free seeing as she's already got squatter's rights.

I'm thinking I give her until later today to call with a time and then say tell her I'm coming with the original tenant in 48 hours and we're going to do an inspection ourselves. And if she doesn't pay the move-in fee, she'll be squatting and we'll have to begin eviction. And if she changed the locks, then she's trespassing and we call the police.

Is that how you'd do it or is there a more amicable way to handle this?

[Nathan Gesner]

Subleasing is bad news and you should avoid it.

Stop asking for her permission and tell her you will inspect on a specific day at a specific time. She is invited to attend but her presence is not necessary. If she attempts to stop you or change the schedule, tell her she is welcome to move out.

I'm more willing to risk a month of vacancy than to deal with a Tenant that thinks they own me.