Tenant notifies landlord of last month but doesn't leave!

[Matt Andrew]

Hello,

For Massachusetts landlords or possibly other states as well, what procedures do you all follow if a TENANT on a month to month basis gives a landlord a 30 day notice that they will be leaving, but they don't actually leave at the end of the month? (Tenant has paid last months rent in advance when rental agreement was signed.)  Do you charge by the day at the end of the 30 day notice?  Do you make them pay for the month and then refund their money back if they actually leave since they paid last months rent already? Do you put in a 14 day notice for non-payment? Personally, I have not run into it yet and could be a very easy answer but figured I'd throw this question out there.

Thank you!

Matt

[Nathan Gesner]

@Matt Andrew Tenant gives notice on October 1st that they intend to move out October 31st. November 1st comes and they are still in the rental.

This is considered a "holdover" tenant which essentially means they are an illegal occupant and should be evicted.

The first thing I do is give them written notice that they are a holdover and that I will start charging them 4x the monthly rent, prorated for the number of days they occupy. This is spelled out in the Lease Agreement and the move-out instructions I provide every tenant when they give notice, so it shouldn't be a surprise to them. The second thing I do is start the eviction process immediately. These actions are done immediately and professionally. When the holdover tenant realizes I'm not playing around, they tend to pack up and disappear within a couple days.

I charge the higher rate because a delayed vacancy may impact my next tenant. If I have a new tenant lined up and the holdover tenant causes them to stay in a hotel for a few nights, I believe the holdover tenant should cover that expense.