Long story short, lease expires on 2/1/15 and renews for 1 year without 30 days notice. I have last month and security deposit. They did not pay this months rent. They also did not say they are moving out or did not give any notice. I am trying to contact them the last couple days but no luck to see whats going on.
What should I do?
Assuming they are moving out which I really don't think so or send a pay or quit notice and can I b/c this could be their last month and its already paid for but did not give any notice.
I'm proactive when approaching the end of a lease (though I only do month to month anymore.) I would have sent them a letter in early December and asking what they wanted to do. And reminded them the lease automatically converts to month to month if they take no action. And that the deposit is not the last month's rent and rent would be due Jan 1 as normal. In your case you have the last month, but no notice. So, I would assume they are staying. Really, you have no other choice, assuming your lease has an automatic renewal clause. So, in your shoes, I'd go post a notice on their door asking that they contact you ASAP. And that you will inspect the property in 24 hours. Then go have a look. They still there or have they left?
If you're going to collect the last month's rent, and its legal in your state, I'd add a clause to your lease that failure to pay the rent as scheduled for the last month constitutes notice they will vacate at the end of the lease.
Jon Holdman, Flying Phoenix LLC
In PA, you already have the January 2025 rent, since that is the last month of the lease; that assumes tenant is moving.
Do you have somebody listed as the emergency contact? Maybe a neighbor knows if they are moving ...
They are still there I checked couple days ago but the last 6 months they have been consistently late but take excellent care of the property. I have a feeling they dont want to move and have no money to pay this months rent if they are staying.
I'm assuming they did not return possession of the property to you yet? If not another option would be to send them a 10 day notice by mail and post one on the resdience as well. That should be enough to at least get their attention so they can tell you what is going on and if you do not hear from them you have the option of filing against them? Good Luck
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