All Forum Posts by: Josh Tschirgi

Hello, in reviewing the dozens of responses, I noticed there were several different approaches that investors would take. I thought I would follow-up with an update on the situation.

The tenant has been in communication and we expect her to sign a 1-yr lease extension today. However, I'm still waiting for the DocuSign to hit my inbox.

Also, when we updated the lease we put the following language in to cover the scenario where she becomes a holdover tenant at the end of the lease:

"If the tenant is occupying the property on August 1st 2022 without a new lease, the tenant will be renting on month-to-month basis and a 20.00% rent increase will be applied. All rules and regulations contained in this lease will apply unless contradicted by Washington State law."

As a result of the BiggerPockets forum, I learned the definition of a "holdover tenant." We were able to tighten up our lease agreements a little bit with language that outlined what would occur if a tenant became a holdover tenant.

Thank you to BiggerPockets and everyone that replied with input!

Originally posted by @Nathan Gesner:

You have a different definition of "excellent" than I do. Communication is an integral part of an "excellent" rental history.

Stop sweating it. She doesn't want to talk, so just wait until the deadline passes and see what she does. If she still doesn't say anything or turn in keys, go to the property and see what's going on. Maybe she just abandoned it. Maybe she's going to turn into a holdover. Or maybe she's been so busy packing and moving and cleaning that she forgot to update you.

Don't stress over something that hasn't happened yet.

1 Vote

Originally posted by @Greg M.:

This is why you have holdover tenancy wording in your lease.

This lease ends 7/31/21. Unless a new lease is executed prior to the 7/31/21 lease end, it shall become a month-to-month tenancy at the monthly rate of (150% of current rent) with the same terms.

I love this option. It appears that my error is in not defining this scenario in my original lease.

Thank you Greg!

0 Votes

Originally posted by @Account Closed:

If you don't have an agreement in place, you run into a "no man's land" situation going forward. They could leave on short notice. You really should find out what is going on. Have you gone by the property?

Hi Mike, thank you for the response. That is my concern as well. I have not gone by the property at this point.

To be fair, the tenant has communicated via text. She has said twice that she is out of town and will call me next Thursday. Obviously that has not happened.

In my original post, I should have stated that the tenant is communicating at times but refuses to communicate about her intention for the property. I have sent her a new lease via DocuSign which did not get opened.

I did schedule an annual maintenance and repairs walk through for August 5th.

1 Vote

Thank you Tim. I appreciate your response and have a couple of follow-up questions.

It sounds to me like your approach to this situation would be to be very firm.

Are you suggesting that if she does not sign a new agreement in that period... 100% she has to go? If so, why would you take this approach? Is there risk to allowing her to stay without an agreement in place?

The situation is baffling ... she has been an excellent tenant up to this point.

0 Votes

Hello! We invest in single-family homes in Southwest Washington (State), and the SFH I'm writing about is located in Vancouver, Washington.

We have a tenant (a mother and two high school age children) that have been excellent during their 1 yr lease. That lease ran from 08/01/2020 - 07/31/2021 for $2900 per month. They pay all utilities and have done a good job maintaining the property.

The issue we are having is that she refuses to communicate with us about her plans when the lease ends on 07/31/2021... which is this coming Saturday!

The original lease specifically states that the lease would NOT convert to a month-to-month at the end of the lease. I can see in our property management software that a payment for $2900 has been scheduled for August 2nd.

Normally, I'm pretty confident in handling real estate matters but right now am at a bit of a loss on how to handle this situation. I have approached her on four occasions about signing a new lease and/or simply having a conversation about her plans. She refuses to communicate or respond.

To be perfectly candid, I do not enjoy the feeling of not being in control of the situation. That said, it really doesn't seem right to take drastic action against a quality tenant.

My wife and I are also concerned that not having a formal lease or rental agreement increases our risk in the event there are issues.

Please do not hesitate to weigh in!

Thank you,

Josh Tschirgi

3 Votes

All Forum Posts by: Josh Tschirgi

Josh Tschirgi has started 1 posts and replied 5 times.

Post: Quality Tenant That Refuses to Communicate

Post: Quality Tenant That Refuses to Communicate

Post: Quality Tenant That Refuses to Communicate

Post: Quality Tenant That Refuses to Communicate

Post: Quality Tenant That Refuses to Communicate