Unresponsive Tenant Moving Out EOM, Still Owes Rent

[Jackie Wong]

Hi BiggerPocketers,

My CA tenant notified me that she will be moving out by the end of September, but currently still owes September rent that is now past due (10+ days). I sent her an email reminding her to pay the outstanding rent plus the late fee, and a move out letter spelling out all her responsibilities to clean up and return all the keys/misc. I have not received any response from her yet. Tenant also claimed that because of Covid she will not do a final walk through with me on Sept 30, but would just leave all the keys inside the property. Currently the property will need a heavy cleaning since tenant owns a dog, which she claims is a service dog.

What is the best way to deal with an unresponsive tenant who still owes rent? I would also like to do a walkthrough with her on move-out day. My fear is that she will harm the property prior to leaving or not move out at all, forcing me to start an eviction process. Sine her rent is unpaid, there is not enough security deposit to cover both unpaid rent AND damages that may need repair. 

[Scott M.]

I think it is best to separate the two issues.  Sept Rent VS Move out.  The home is in CA and eviction is not the simplest or quickest thing to do.  So, what do you want most? I get you want both but if you can only have one which would it be?  My guess is you would take possession 100 out of 100 times given the current craziness in the world.  

Assuming she moves w/o paying you can try and collect if you so chose but I would keep doing what you are doing and keep your eye on the price of getting her out.  

While I agree you can set up a day/time for move-out she has made it known she isn't going to meet you.  I know a lot of folks take the hard line of "don't let tenants dictate your business or push you around" I get it and I agree with that.  But decide what your priorities are and work in that direction and to that end.