Tenant Uncooperative on Move out.

[Kwabena Dean]

I have a tenant that is supposed to be moving out today. She is giving me the run around on turning in the keys.

Backstory: We started the lease under a property management company. The tenant was always late with the rent and the PM never done anything about it. They say that they charged her late fees but never collected. The lease ran from Jan. 1, 2018 to Dec. 31, 2018. November we filed for eviction for non payment of October and November.

I had a 1 yr agreement with the property manager. Come December I fired the property manager because the agreement states I need to give 30 days notice.  The PM then and there gave the tenant all of my contact info and basically told me I would need to finish the eviction process. 

The tenant then paid the rest of October rent and Nov. rent and would eventually pay December in return that I cancel the eviction. I did cancel the eviction on the condition she move out on Dec 31. 

Dec 31 turned into today Jan 1. We agreed that she would turn in the keys and we would do a final walk thru at 4pm. Now all the sudden she got called into work and will not be there. She insist she has most of her things out and should be done late tonight.

My problem is I feel like I gave her all the leeway in the world and on top of that I don't think the person on the lease was actually staying there. Anytime during the year I have had to interact with them it has been her mom and mom's boyfriend there. 

My question is, should I just wait another day to see if she moves? What recourse do I have since she did not meet the 4pm deadline we agreed to and we are technically in a new month?

[Marcia Maynard]

@Kwabena Dean  Property management is not always easy.  If you have the right attitude and aptitude, you can learn the skills necessary.

Here are my thoughts:

Don't lose sight of your goal.  Return of possession of the unit back to you as soon as possible with the least amount of damages and with the least amount of monetary loss.

Everything's negotiable.  Respectful communication is key. Be open and honest. Be firm and fair. Build in contingencies. Be flexible if it brings you the results you need. Seek to understand the challenges of the other party.

Every move you make will result in a counter move by the tenant.  Anticipate what that move might be. It's like a chess game and you need to be three steps ahead. You also need to understand landlord-tenant law better than your tenants.

Understand tenant mentality.  Don't set up ultimatums. Instead give the tenant choices. No one likes to be cornered. People like a sense of control, even if it's a choice between two things they would rather not do. Desperate people do desperate things, so don't push so hard the tenant feels threatened. Seek to understand what's going on for the tenant and negotiate a good outcome that serves your needs and theirs.

This is what I would do in your situation:

Of course, not knowing the personalities and temperaments of the people involved, I'm at a disadvantage. So what I propose may or may not work in your situation and is based only on the information you shared in your post.

You and tenant agreed to a move-out date of January 1, 2019 with an appointment for 4pm for the final walk-through and handing over of the keys.  Tenant is not prepared to do that, but tells you she is close to being out and will be out by late tonight.  This is not uncommon. It usually takes people longer than they anticipate to move-out. 

If you are flexible enough to allow a little more time you will reduce the chance of damage to walls and woodwork (happens when people try to move things too quickly) and increase the chance of the place being left at least empty and broom clean.

I would trust but verify.  Stop by and see if things are progressing.  I would thank her for letting you know the situation. She could have been called into work (or not).  At this juncture, whether she is out by 4pm or midnight is immaterial. Graciously give her an extension until midnight. Most likely, she'll be working on this past midnight.  

Arrange to meet with her first thing in the morning. Final walk-through is always best in the light of day.  Also, during the day you can call the utility companies together to make sure utility accounts are paid in full and transferred correctly. That would have been difficult to do today since today is a federal holiday, so this actually may work out better for both of you.