Tenant overstaying lease by 2 days - New tenant cannot move in

[Frank Pilipauskas]

Hey BP!

I currently have a tenant that has a lease that I did not renew, and should be gone by the end of today. I notified the tenant in Mid March that I would not be renewing his lease and had him sign to acknowledge he understands this. With that being said, it looks like hes not moving out on time. English is not this tenants first language and anytime I try to explain that it is not acceptable to overstay he gets very irriate and combative. I know for sure he has a new lease, but it looks like he's going to be a day or two late. I made it clear he needs to leave on time, but in the event that he does not is there a way I can charge him a full months for staying a day late if i take him to small claims? I have another renter who wants the unit, but his lease is also up at the same time. He mentioned he would just rent another month at his current unit if he is not out on time as he does not want to move twice in two days(understandably so) but this will now lose me an entire months rent unless I find a new tenant. Is there anything specific I should get aside from pictures, videos to show proof of this?

Thanks!

[Thomas S.]

No you can not charge him a months rent for staying a couple of days. What you should do is be there first thing in the morning tomorrow with a few friends and help him move all his belongings on to the front lawn.
English may not be his first language but guaranteed he understands it well enough to screw you over.