How to Handle Rent Paid Automatically After Notice of Non-Renewal?

[Donod Sadu]

I served a notice of non-renewal to my tenant with the lease ending in June. The tenant requested an extension to find a new place, so I granted a 15-day extension with a new end date of July 15th. It was clear to both parties, with email exchanges confirming that the end date is July 15th and that there will not be renewal of lease.

However, I forgot to stop the automatic rent collection through Zillow, resulting in the tenant paying the full July rent on July 10th, which has already been transferred to my bank account.

• I want to refuse the payment and ensure the tenant leaves on July 15th.

• I want to serve a notice to quit and have the tenant out this week.

I have a new tenant moving in on August 1st and need to renovate the place for 10 days. What recourse do I have to force out the tenant ASAP after the end of the lease with the non-renewal notice?

[Lindsey Mannix]

Yikes, that sounds like a bit of a pickle. I would try to remedy with the tenant and say something like, "oops, looks like you overpaid for a couple of extra weeks...I'll be returning this to you as our lease ends 7/15 so a full months rent isn't necessary to carry us to that point." If they don't go for it, depending on your state, you maybe able to get out of the situation but you may not. I'd check your state rules on accepting a full rent payment after notice to non-renew has occurred. Hopefully, they'll appreciate you wanting to return the money right away :-)

Best of luck,

Lindsey