Problem tenant agreed to move out by 03/01, but now wants to stay

[Tyler Speelman]

Hello,

Inherited problem tenant who has a boyfriend and his brother living in a 1 bed apartment. Multiple complaints about cigarette and marijuana smoke. Their unit is filthy, exterminator mentions they are not helping pest problem. 

They called and wanted to move out on Feb 11 d/t multiple calls to the cops by other tenants complaining of marijuana smoke coming from their unit.

I agreed to let them leave and break their lease and tried to make it win-win for everyone. I marketed their unit and mentioned it would be rehabbed. I have a new resident who would like to commit to this rehabbed unit, but now the tenant and other residents cannot find a place to live.

I offered full security deposit back in cash with a multiple cleaning stipulations if they were out by Feb 28 and told them they would be responsible for contractor rescheduling fees if they were not out by Feb 28. 

How would you proceed? Any advice would be appreciated! 

Thanks in advance!

[Michael Craig]

@Tyler Speelman First thing you want to do is try and get them out voluntarily. If you cannot then you can serve them with holdover eviction forms after 03/01, unless your agreement to break the lease early is not in writing. If the agreement is not in writing, tenant can claim you never had the discussion and your case will be thrown out. This will mean the original lease is still active.

If that is the case, get an attorney and start the eviction process. The eviction will have to be based on tenant violating the lease. How are tenants violating lease - smoking on premise, cops being called, etc.?

When does the lease end? Might be easier to not renew lease and submit notice.

DISCLAIMER: I AM NOT AN ATTORNEY, GO GET ONE