Tenant has sign a new lease elsewhere but will not vacate

[Michael Antinucci]

We have a tenant whose lease ended on Aug 31st.  They have not paid rent for Aug and now Sept.   They have signed a lease on another place but are taking their time to vacate the property stopping me from renting the home.  Any advice?   I don't know if this would still be considered an eviction because they actually have a lease somewhere else.    Any help?  

[Anthony Wick]

Honestly, with a moratorium in place on evictions, landlords are stuck in place. Yes, you would need to evict him, unless you have proof he has abandoned his property, or he has turned in his keys so you can trash all of his belongings. The best bet is to speak with him in person first, and explain you'll be forced to file court documents against him. Then, send the same info in writing if that doesn't go well. Then, you simply have to wait. Even though there is a moratorium on actual evictions, can you file the court documents now? The damage deposit is gone for August rent of course. You'll definitely need to file in small claims court for damages and September rent/hold over. And yes, I would file in small claims court. 

I simply would not hire an attorney. What are they going to do, other than charge you more money to give you the advice that their hands are tied at the moment. While I really despise this, perhaps a "cash for keys" situation might be in order. Depending on how bad the unit looks, you could agree no extra charges for damages and/or September rent if they are out within the next 7 days. You should be prepared to actually speak numbers with them, and that you will be willing to file in small claims court and wage garnishment if they do not agree to your generous offer.