Unresponsive tenant - what do I do?

Question

Question:

What should my next steps be to get a reply from the tenant in my condo?

Facts:

I purchased a condo on 11/02/22 that I placed under contract on 09/15/22. It’s for me to live in for 1 year before turning it into a rental myself; I just moved to Colorado.

A tenant is in place. Her lease expires 12/31/22. The tenant has known since the property was under contract that she’ll need to move.

While under contract my agent never got a firm move date from the tenant (through the seller's agent).  Just that the tenant would move  before 12/31/22. Because of that, I’m remaining in my apartment until January 2023. The apartment needs work; contractors can get into the property when the tenant vacates.

The tenant and I  spoke via phone on 11/04/22 (after the purchase) for the first time. I told her December rent is due 12/1/22 and how to get that to me. I asked if she’ll vacate on 12/31/22 or earlier.  She asked if I’ll prorate the rent if she leave earlier. I reflexively said yes out of an impulse to be fair (I’m paying the mortgage for 12/23 so I shot myself in the foot). She said she’d maybe move by the end of November and that she’ll know within a week and a half.

The next day I texted her a recap of the conversation.

It detailed how a simple proration will work (since actually owes for all of 12/22). I explained that if she leaves before 12/16/22 - her rent will be HALF. If she leaves 12/16/22 her rent will be the full amount.I also recapped her security deposit, return of keys, etc.

Almost 2 weeks have passed.

On Thurs, 11/17/22 I texted the tenant (almost 2 weeks later) to tell her know we need to schedule the final walk through and to ask if she knows when she’ll vacate. She has NOT responded.

I don’t know if she is leaving this month or next month. I need to know, because I’ll be in and out of town and I have schedule the walk through. Plus, I need to know when she'll be out of the property?

What should my next steps be?

Kevin Sobilo · Answer

@Jaime Mitchell, first off you didn't shoot yourself in the foot. You want the tenant out, so prorating the rent would be normal. Since you will be making no attempt to re-rent, prorating to the day they move out would be normal. Prorating to the day, not to the half month.

The fact that you have to pay the mortgage for December isn't a factor. Its YOUR decision, so of course its only fair for you to bear that cost and not the tenant who is getting booted to be paying you rent and rent on their new place for the same days.

Don't be surprised if you don't get December rent and that the tenant may just expect you to apply your security deposit towards that. In fairness, since you just bought the place its unlikely they did any substantial damage between the closing date and the date they move out and also very unlikely that you'd be able to prove that they did if taken to court.

If you are fortunate, they will leave by the end of the year. If you are very fortunate they will be a little more communicative to you.

I might try a soft tone and time my message to be after Thanksgiving. I'd ask if they had a good holiday and inquire about the progress and plans towards moving. Remember, they have barely any reason to be overly communicative or accommodating in this situation. They are being booted from their home here. So, your choice to buy and move in has cost them a lot of money and hassle and all during the very busy holiday season.

George Fejokwu · Answer

@Kevin Sobilo Logical truth!

Nathan Gesner · Answer

When a tenant is unresponsive, I start with a sternum rub.

Seriously, you're probably annoying her. She said she would be out by December 31st, which is the end of her contract. If she doesn't pay December rent per your instructions, then try to reach out again. Your next communication, whether she pays rent or not, should be in writing with clear instructions and a deadline for a response. Then wait for the deadline.

Richard F. · Answer

Aloha,

Pro-rate defined is a daily amount. By charging for days not in occupancy, they are likely viewing it as a penalty, regardless of what you choose to call it. Out of spite, they will likely not turn keys over until the end of the penalty period.

Theresa Harris · Answer

Prorating the rent is fine, but you should have done it with a refund AFTER she moved out.  Simply go by and post a letter on the door asking her to call you.  Also call the electric company to see if the utilities are still in her name.  Maybe she's already moved out.

Jaime Mitchell · Answer

She also did tell me she would know her move date within a week and a half when we spoke. I was following up for that date. That was the reason for the follow-up.

Jaime Mitchell · Answer

Thank you. I clearly have annoyed her!

She said she would be gone by the end of this month (November) or middle of December. She didn't know when she was leaving. If she leaves at the end of this month (November), I want to know. I need to get all of my keys and can get my contractors in sooner.

Jaime Mitchell · Answer

Thank you everyone.

Richard F. · Answer

When I have to post a notice, I tape it well, from the door, across the door jamb on the opening side, and take pic of it, so they cannot enter or exit without disturbing it.

Karl B. · Answer

If a tenant is unresponsive I post a paper on their door telling them to contact me. I then swing by later that day or the next day: if the paper is gone I assume they removed it.

I never had an occasion when they didn't respond after I posted on their door.

Unresponsive tenant - what do I do?

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