moving a tenant out so another can move in: getting nervous!

20 Replies

I have a tenant that is moving out March 31st and another tenant is moving in at noon on April 1st.

The old tenant does not have her act together and I worry she won't be out in time.  She has not scheduled a moving truck and does not appear to be making much of an effort to pack  (she is being evicted but she does have a new place where she can move in on the 31st).

What are my options?  Should I just bite the bullet and schedule a moving company/truck to move her?

I'm getting a little nervous!

Thanks

Jeff

She's being evicted and you expect her to cooperate?    How do you know she has a place to go?  

317‑965‑8708 | http://fshouses.com | IN Agent # 34119

Sorry @Jeff J. hiring a moving company yourself is not an option unless you are doing it as a favor to the tenant that is moving and they agree with that. If you have a judgement for possession/execution from a judge thats a different story. In MA a tenants possessions can be moved at that point but 48 hours notice is required and it cant be a weekend or a holiday when the court is not in session. 

Yes, it would be with her permission.  She has no money to do it.

She does have a place to go to but I'm afraid she won't move in time for my new tenants to move in.

@Jeff J. in the future, don't promise a new tenant a unit will be available a day after an evicted tenant is scheduled to move.  As a landlord, it's your responsibility to ensure the unit is ready as promised.  You probably should have either waited until the evicted tenant was actually out of the unit before you rented it again, or at least set the move-in date for the new tenant two weeks out. 

BTW, how do you know the unit will be in move-in condition a day after the evicted tenant moves out?  If she's delaying her pack and move until the last possible moment (or longer,) it's likely you'll be left with more than a little clean up and prep work on the unit.

Do you have a legal eviction notice with a date set up for a deputy to come ensure the evicted tenant move out?  Or is this a soft eviction where you have told her she has to move out by the end of the month, but you haven't actually taken legal (meaning court) action yet?  If you haven't gone through the courts, it may be weeks before the tenant actually moves out.

Good luck!

Cutting it too close! Surely you don't expect an evicted tenant to leave the premises rent ready, do you? You left yourself insufficient time for the turnover. Consider you may need to negotiate with the new tenant and give them a concession or compensation for the inconvenience of having to wait a day or two. The new tenants most likely have scheduled their moving truck and labor, so apprise them of the possibility as soon as you can.  

You need to know for certain by the end of the day on the 30th that the other tenant will be gone. If that means paying for the truck and labor, do it.  If the outgoing tenant really has a place to take all of her belongings, I would negotiate with her to do the bulk of the move on the 30th at your expense, if she will return possession of the unit and return the keys by sundown on the 31st. Have her sign a Return of Possession form when she does, then immediately change the locks. Your turnover crew will need to be ready to go as soon as you have possession. They may be working through the night and most certainly all morning on April 1st, if you are lucky.

Marcia Maynard, Fischer Properties | Podcast Guest on Show #83

Ugh! I'm sorry to say your April fools day may find you the fool this year.  Everything @Marcia Maynard said, and others, are wise, wise words. Even if the tenant weren't being evicted there is always at least minimal turn work to be done. A new tenant deserves a unit that has been thoroughly made ready. One day to do that is not enough, and is stress inducing for you even under the best of circumstances. 

It's in good shape I will just need to do routine cleaning of the carpet.  We did not renew her lease which expires March 31st.  She is not upset because she was able to keep her section 8 (since she was there 1 year).   She wants to leave it is just she has not prepared sufficiently for the move.

I have rented a Uhaul for March 31st.  Not too expensive and I can take it off her security deposit.

OHHH Jeff, 

You're going to get yourself into trouble if you do not slow down. You can not use the security deposit to finance the tenant's move. It is used to repair major damage to the property caused by the tenant. 

OHHHH boy!

Good luck    

Originally posted by @Dianna A Hunt :

OHHH Jeff, 

You're going to get yourself into trouble if you do not slow down. You can not use the security deposit to finance the tenant's move. It is used to repair major damage to the property caused by the tenant. 

OHHHH boy!

Good luck    

This is not entirely true. Actually, depending on the jurisdiction, it may be possible to deduct the cost of the truck rental from the security deposit. It is also possible to deduct for other items too. In our final report on deposits, we use the following categories: Unpaid Rent, Unpaid Utilities, Unpaid Fees, Missing Items, Damages, Cleaning, Legal Costs, Moving & Storage, Property Disposal Costs, etc.

Marcia Maynard, Fischer Properties | Podcast Guest on Show #83

Originally posted by @Jeff J. :

It's in good shape I will just need to do routine cleaning of the carpet.  We did not renew her lease which expires March 31st.  She is not upset because she was able to keep her section 8 (since she was there 1 year).   She wants to leave it is just she has not prepared sufficiently for the move.

So it is really a matter of you not renewing the lease and her last day is March 31. You did not evict her, nor begin an eviction process against her. Be careful how you use the word evict because it carries with it some serious connotations. Hence it generated some comments that don't apply to your situation.

Good luck with this. Glad you worked out a way to help her and help you at the same time. Just curious, why did you decide not to renew her lease?

Marcia Maynard, Fischer Properties | Podcast Guest on Show #83

Most leases have a clause that says if the unit isn't available on move-in date, due to previous tenant not moving on time, that the contract is null and void.  What does your lease say?

And if the tenant is Section 8, all you have to do is coordinate costs with your Housing Authority.  They may work with you on what you can deduct from the security deposit.

In some cases there are programs to assist with moving.  My tenant had a caseworker that came to the house to see that it was ok and then they would finance the move 1 time/year. Since you rented the truck I would make sure not to take it off the deposit unless you have agreed to that and the law allows.  Consider it a piece of mind payment.  Also consider if you rented the truck in her name all the insurance etc needs to be on it as your CC will be the security for the truck.  

Is the incoming tenant at all flexible on their date?  Of course plan A is move out on March 31st, quick clean and move-in the next day.  However it might be good to see if there is any possibility of working things out if the unit is not ready on April 1st.

1.  We did not renew because she disturbed other tenants even after repeated warnings.

2.  We waited to not renew her lease (instead of evict) so she could retain her section 8.

3,  In the past, tenants have had more flexible move in/ move out dates (e.g., could move out the previous weekend) but this time everyone was stacked up and there was no room.

4.  Yes, my lease says it is null and void if I am unable to deliver the apartment,

5,  I have rented the truck in my name and the tenant has agreed to reimburse me,  We have agreed this would come from her security deposit.

Thanks for all of your input!

@Marcia Maynard , the rules must be more strict in Illinois for the use of security deposits but I'll digress ;)

Dianna  

@Jeff J. you may want to hire some labor to help. Some moving companies will hire out labor to help move. It's a bad time but you might call and get someone lined up to help. Usually packing up even a 1bd unit is beyond the ability of one person in a day.

Medium rre 1to1 small sizeBill S., Reliant Real Estate, Inc. | 720 207‑8190

Originally posted by @Bill S. :

@Jeff J. you may want to hire some labor to help. Some moving companies will hire out labor to help move. It's a bad time but you might call and get someone lined up to help. Usually packing up even a 1bd unit is beyond the ability of one person in a day.

I agree. For example... It took us four people working five hours to pack up a two bedroom apartment from scratch. It took us four people working two hours to clear out a two bedroom apartment that had been mostly packed up beforehand. That includes moving the stuff out of one place, driving, and moving the stuff into the second place.

Marcia Maynard, Fischer Properties | Podcast Guest on Show #83