Tenant needs extra time after moving out

General Landlording & Rental Properties
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Tenant needs extra time after moving out

Sam Leon
Investor · Fort Lauderdale, FL · Member since 2012 · 1k+ posts · 465 votes

I have a situation developing that I need advice on.

Single family home, lease is expiring, tenant is scheduled to move out end of this month.

I didn't even advertise online, just put a for rent sign in the yard last week and already have 5 people called me expressing interest to rent.

I called tenant and spoke to him to schedule a move out inspection, where he would also surrender his keys, I will need his new physical address, and I reminded him about turning off water, electric, cable TV etc...

He said no problem, BUT...the fireworks and his boat will need another week or two.

He has parked a sailboat on the property. He is a restaurant owner and have piled a ton of firewood in the backyard for his BBQ and pizza oven, both of those I OKed in the lease. But now he is saying it will be an extra week or two for those to be moved and cleaned out.

Now, I don't have a problem to be accommodating, but I am just thinking if on Jan 31, I did a move out inspection with him, then a week later when he moves his boat we knocks off a palm tree and a fence post, then what? Who is he going to send to unload the wood in the fenced backyard? What if their wheel barrow runs over my new sod?

Is this a potential issue? Or should I let his boat and firewood stay longer?

What if I get it rented in 2 days and it starts to interfere with the new tenant?

I can't delay my move out inspection either.


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Bryan H.
Investor · Willow Spring, NC · Member since 2013 · 788 posts · 285 votes
12y
As my famous mentor Yoda once said "do or do not, there is no try" Either he is moved out or he isn't, there is no halfway. If he wants to keep his stuff there, he can rent it for another month. If he doesn't want to pay, then maybe that will motivate him to get his stuff out. It's not like he didn't know this day was coming. It's just another lame excuse a tenant gives to landlords. What happens when that stuff is there is 60 days because (insert lame excuse) What if your new tenant gets hurt on it? Or damages it? Or it ends up stolen? Have a clean break. He is either totally out or he pays.
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  • Bill S.Pro Member
    Moderator
    Rental Property Investor · Denver, CO · Member since 2013 · 4k+ posts · 2k+ votes
    12y

    Sure, I would allow him to store it there for additional rent. He would need to surrender the remainder of the property. Have a per day lease for the storage of wood and boat (make it worth your while $15 per day-one month paid in advance-assuming this is more than he could reasonably store the boat somewhere else). Use the current SD for the new SD for the new storage lease.

    New tenant would be notified that it would be there until removed. If they baulk, offer them $5 per day credit until it's gone. Note you could get squeezed with this if the current tenant abandons the items and you have no one paying rent but are obliged to provide credit to new tenants.

    1Reply
  • Jean BolgerPro Member
    Aurora, CO · Member since 2012 · 2k+ posts · 1k+ votes
    12y

    I would suggest he look for a storage unit for his stuff. If he can't just move it with him then that must mean he can't have it at his new place. Which means he probably has no idea what he's going to do with it.

    If I were your new tenant I would not want someone else's stuff there.

    0Reply
  • James Wise
    Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 30k+ posts · 20k+ votes
    12y

    Tough call. If he was a good tenant I'd prolly help him out. But I would not return the security deposit until after he got everything out. That way if he ruined the sod or broke something you could deduct it.

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  • Bryan H.
    Investor · Willow Spring, NC · Member since 2013 · 788 posts · 285 votes
    12y

    I'd let the lease roll over into a month to month agreement. If he isn't ready to surrender the property at the end of the month. . .no problem, he can have it as long as he wants, on a monthly renewal. When he is ready to move out, then terminate the agreement, do the walk through etc.

    If he leaves, and the stuff is left behind, follow local laws about disposing of his property and then take it out of his deposit.

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  • Gerald Harris
    Investor · Atlanta, GA · Member since 2013 · 922 posts · 336 votes
    12y

    Great Call Bryan

    A month to month is perfect for this situation. Or even weekly terms. Especially if he was cool. I know it's tough but business is business.

    0Reply
  • Brie SchmidtBusiness Member
    Moderator
    Real Estate Broker · Chicago, IL · Member since 2013 · 6k+ posts · 5k+ votes
    12y

    I second @Bill S. If he was a good tenant I would allow it with a daily storage fee. I would amend the lease to state the security deposit will not be returned for X days (depending on your state) after the storage lease ends

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  • Sam Leon
    OP
    Investor · Fort Lauderdale, FL · Member since 2012 · 1k+ posts · 465 votes
    12y
    Originally posted by @Bryan H.:
    I'd let the lease roll over into a month to month agreement. If he isn't ready to surrender the property at the end of the month. . .no problem, he can have it as long as he wants, on a monthly renewal. When he is ready to move out, then terminate the agreement, do the walk through etc.

    If he leaves, and the stuff is left behind, follow local laws about disposing of his property and then take it out of his deposit.

    I am confused. Are you saying to rent the entire property to him on a month to month lease even though he is only leaving the boat and firewood behind?

    He IS moving, I think moving truck is today or may be tomorrow. He will vacate. The only issue is the boat and firewood. I doubt anyone would pay a monthly rent for the entire property to store a boat.

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  • Andy Collins
    SFR Investor · Dallas, TX · Member since 2011 · 604 posts · 243 votes
    12y

    Chances are the people wanting to rent won't want to move in the next day (when I have someone "ready to move in immediately the first thing I want to know is what about notification of their current landlord).

    As others have said, give him a daily rate for the boat, but set a limit on it,,not under "10" days or more than 20, or something, and have it after that period the 'rent triples,,that way he is motivated to have it out.

    also as others have stated, not security deposit returned until everything is gone,,he shouldn't have a problem with that and that way you will actually get the rent for the other items.

    0Reply
  • Pam R.
    Investor · Delaware, OH · Member since 2013 · 224 posts · 64 votes
    12y

    Tough call.

    I'd probably also ask him WHY it's another week or two. @Jean Bolger is probably right - he doesn't have a place to take it. I'd straighten that out with him, so you're very clear of his plan. You don't want to be posting on here in 6 weeks what the rules are about towing an abandoned boat out of your yard.

    (4 years ago I bought a duplex, and the former owner has a bunch of stuff stored in the old garage out back. He asked if he could rent the garage for a couple of months. We said sure, $75/month. $3400 later, I've still never set foot in that garage. Don't know if he has either, but he sends us $75/month)

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  • Matthew Paul
    Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    12y

    Charge him enough to cover the expense of having the wood cleaned up . Since this seems to be in Florida , I am assuming there is not a big market for firewood .

    0Reply
  • Rob K.
    Investor · Southeast, MI · Member since 2012 · 2k+ posts · 1k+ votes
    12y

    What is the law in Florida for security deposits? I have 30 days to settle after a tenant moves out.

    If it were me, I would probably tell him that he can leave it there for an extra $20 per day. I would then tell the new tenant that he can have a $10 per day discount until the stuff is gone. Have the old tenant sign something agreeing to this and don't give him a dime until everything is gone.

    1Reply
  • Bryan H.
    Investor · Willow Spring, NC · Member since 2013 · 788 posts · 285 votes
    12y
    As my famous mentor Yoda once said "do or do not, there is no try" Either he is moved out or he isn't, there is no halfway. If he wants to keep his stuff there, he can rent it for another month. If he doesn't want to pay, then maybe that will motivate him to get his stuff out. It's not like he didn't know this day was coming. It's just another lame excuse a tenant gives to landlords. What happens when that stuff is there is 60 days because (insert lame excuse) What if your new tenant gets hurt on it? Or damages it? Or it ends up stolen? Have a clean break. He is either totally out or he pays.
    4Reply
  • Sam Leon
    OP
    Investor · Fort Lauderdale, FL · Member since 2012 · 1k+ posts · 465 votes
    12y
    Originally posted by @Matthew Paul:
    Charge him enough to cover the expense of having the wood cleaned up . Since this seems to be in Florida , I am assuming there is not a big market for firewood .

    The wood is for his restaurant, those BBQ wood. He stores the extra at the house.

    0Reply
  • Jon Holdman
    Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    12y

    Yes, exactly. Until he's gone completely he's still renting the place. Either everything is gone by the move out date (Friday, I assume) or I would expect rent for February on Saturday. I have let a tenant have one extra day. But they had been there two years and consistently paid on time. And were packing up and just didn't get done. The new tenant had been warned there might be a delay and was OK with that.

    If you only charge him some nominal amount a couple of weeks could turn into a couple of months. He can easily rent space at a storage facility for both of these things. He just doesn't want to.

    0Reply
  • Susan Gillespie
    Investor · Saint Paul, MN · Member since 2012 · 128 posts · 56 votes
    12y

    Whatever you decide, make sure you put it in writing and you both sign.

    Is the firewood really a bother? Can you consider storage as a small, supplemental revenue stream? I would propose a daily or weekly storage fee, as others have said, with a firm end date. I would also include language that says if it's not removed by date, the cost to remove for him is $xxx.

    I'd be more concerned about the boat. That's a big eyesore and hassle and expense to remove. And where would you move it to?

    I agree that you should withhold a portion of the security deposit until he's fully moved.

    0Reply
  • Tanya F.
    Rental Property Investor · Madison, WI · Member since 2013 · 629 posts · 339 votes
    12y

    We had a situation last summer with a tenant who'd rented from us for 9 years. She was section 8, - her original subsidy was higher because she had two teenagers living with her. The kids have now grown and gone, and the place was just too big for her, and she couldn't afford it with the subsidy that was reduced once the kids left.

    We had a LOT of rehab to do after she moved out. We arranged it so that she was still moving her things out of the downstairs of the house as we were tearing out carpeting upstairs. We charged her for the extra days she was actually IN the house, and worked with her because she had (not surprisingly) accumulated a LOT of stuff, but it took forever for her to get her things out of the garage, and for her to get rid of all the trash. We held on to the security deposit until it was all gone, but then returned it mostly in full (save for the cost to repair one broken window, and one hole punched through the wall - damage done by her teenage son that she claimed responsibility for). In the end, she needed an extra week.

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  • Elizabeth Colegrove
    Hanford, CA · Member since 2013 · 5k+ posts · 1k+ votes
    12y
    Originally posted by @Jon Holdman:

    Yes, exactly. Until he's gone completely he's still renting the place. Either everything is gone by the move out date (Friday, I assume) or I would expect rent for February on Saturday. I have let a tenant have one extra day. But they had been there two years and consistently paid on time. And were packing up and just didn't get done. The new tenant had been warned there might be a delay and was OK with that.

    If you only charge him some nominal amount a couple of weeks could turn into a couple of months. He can easily rent space at a storage facility for both of these things. He just doesn't want to.

    I would charge them full rent. If hes not totally out, you cannot rerent it. Therefore you he should pay till he's totally out.

    0Reply
  • Gerald K.
    Real Estate Investor · Kirkland, WA · Member since 2012 · 480 posts · 116 votes
    12y

    I think if this situation happened to me, I would be asking him to check into storing his stuff at a storage facility - unless it poses absolutely no problem or interference to the incoming tenant.

    The question you have to ask is - Why is his stuff your problem? It shouldn't be. He's an adult, he should deal with it. Apparently he can't store it at his new place, so he needs to find another place for it. Otherwise, as others have suggested, he hasn't moved out and he should rent an extra month.

    One thing we do when we first hear someone is moving out is give them a move-out package explaining everything we expect them to do. We also check how things are going and if they are restoring the unit to move-in condition, minus normal wear and tear, within a reasonable amount of time, or if they are dragging their feet. A lot of tenant's under estimate the amount of work required. Hopefully, by doing so, we can have a smoother turnover with less unexpected work left for us to deal with.

    0Reply
  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    12y

    If the new tenants are scheduled to move in already I would insist the boat be gone before they arrive. I am assuming a boat on a trailer and a boatyard or a storage facility will store these for a fee. Might work with him on the firewood for a short time like a week but set a pickup day/time. If it is not gone removal fee comes out of the security deposit. you are obligated to return security within so many days of possession by law so unless there is something in writing that shows otherwise that is the end of the lease. I would explain that point to him so he gets why you are being firm on removal by a date. It might also motivate him since I assume he would want the deposit back.

    1Reply
  • Nicole A.Pro Member
    Rental Property Investor · Baltimore County Maryland and Tampa Florida · Member since 2013 · 2k+ posts · 2k+ votes
    12y

    If you let him store stuff, you need to put in writing the final date it's all gone by.

    I let a good tenant take extra time to move out, and it ended up causing trouble with my new tenants because they felt these "random" people just had access to the property (a duplex). I also felt they were taking advantage of my kindness.

    0Reply
  • Sam Leon
    OP
    Investor · Fort Lauderdale, FL · Member since 2012 · 1k+ posts · 465 votes
    12y

    Thanks for all the suggestions.

    First a bit of background. This tenant has been a difficult one, always late in rent, initially I got rent checks on the 8th, 10th...and I let it slide, until I finally enforced the late fees. Communication has been a struggle, and some disputes, such as it was clear from the track marks his boat trailer damaged some sprinkler valves and he blamed it on my lawn mowing contractor, and it wasn't even the money, a broken window he claimed it just broke and when I went to have it fixed ran into his daughter who obviously wasn't clued in and said to me she was sorry to have damaged it...things like that.

    After thinking it over I am leaning to making a clean break, no storing at my place. The boat is in the way, I want to do some sprinkler repairs and lay down new sod, I can't work around the boat. Plus the liability issue someone brought up, what if it got stolen or damaged?

    So I called him and explained. He can renew for another month (refused), he can move everything out including the boat and firewood (which he sorta kinda said he would try to do by yesterday), or if he leaves the boat and firewood, after the move out inspection those would be technically considered abandoned properties and I said I wouldn't do anything to it this weekend but come Monday when my landscape crew shows up, I might have to tow and store it at his expense...and if its stolen or lost I am not liable. He said he would "do his best" to have them removed before move out inspection.

    Move out inspection was yesterday - mutually agreed at 6pm, he called and said he can't make it, can we reschedule to Friday at 8am. Ok I said, and now it's 9:30, he no showed me, no call. I got nothing but voicemail.

    Lease ends today.

    I already had power, water switched back to me starting today.

    Oh, when I switched water back, the city said "oh wait, we never got an order to close his account, oh wait a second, the account may be shutting off anyways due to non-payment..." So he hasn't been paying for water sewer. Now, in Fort Lauderdale they don't kick it over to the property owner and put a lien, they used to but not anymore, but still...

    So now...

    Do I still do the move out inspection as scheduled without him or I have to wait till midnight tonight before I can start my cleaning and repairs?

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  • Jon Holdman
    Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    12y

    Did he leave the keys? I've been told by my attorney this is an important step. If he leaves the keys, he's officially turned it over to you. If not, I wouldn't do anything today. When I dealt with a similar situation, my attorney told me to walk through the property with another person and video it. If it appears to be abandoned, go ahead with the make ready. Doing a make ready isn't really on my to do list for midnight on a Friday. So, I would do this Saturday morning.

    Doesn't matter if the boat is in the way or not. Don't try to rationalize or explain anything. That just leads to "I'll move it over here" conversations. The lease ends today. Everything needs to be gone today. End of story.

    If you want firm guidance give your attorney a call today.

    1Reply
  • Nicole A.Pro Member
    Rental Property Investor · Baltimore County Maryland and Tampa Florida · Member since 2013 · 2k+ posts · 2k+ votes
    12y

    Does any law require he be present for the move out inspection? If not, just do it. Don't let him waste more of your time. And go ahead and get that boat towed and wood ridded of. "I"ll do my best" basically means "it won't happen".

    0Reply
  • Steve Babiak
    Real Estate Investor · Audubon, PA · Member since 2009 · 13k+ posts · 8k+ votes
    12y

    At move in, I issue a "key receipt" form; they are given a copy of that prior to move out and are told that move out isn't done until keys are returned by handing them to somebody (me or a rep for me) and the move out section of the key receipt is signed.

    Just showing that you have to get things in place WELL before you will be needing them.

    1Reply
  • Marcia Maynard
    Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes
    12y

    He has right to tenancy until midnight tonight, unless he turns it over sooner. Don't jump the gun. Use a return of possession form and get him to sign it on Saturday and give you the keys. If he won't meet with you or won't give you the keys, document the property condition and photograph with a date stamp on Saturday. If he holds over and is still occupying the unit, proceed with legal notice. You may find the keys left on the kitchen counter when you enter the unit on Saturday. Many tenants who want to avoid landlords do that. If the property is left vacant, except for the boat and wood, and he left the keys then proceed with your turnover and treat the left over property as you need to according to your local landlord-tenant laws.

    1Reply
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