Real Estate Investor · Austin, TX · Member since 2013 · 6 posts · 3 votes
I own a unit in Chicago. My renter told me he was going to move out by 8/28, so I rented the place to a couple expecting to move in on 9/1. Now my outgoing renter is having a hard time finding a moving company, which makes me worry that he may not be out by the 1st. The incoming tenant has to be out of their old place on the 1st, so they'll have no place to go if the current tenant doesn't vacate. I'm at a loss and could use some advice.
Real Estate Investor · Austin, TX · Member since 2013 · 6 posts · 3 votes
10y
Sai - thank you so much for taking the time to respond! I just offered to help find a mover (and use their security deposit to pay for it, if it's a cash flow issue). They are good people...it's just that crazy moving time of the month. I will also review my lease for the future, per your recommendation. Thank you!!
I would politely be informing them that I will be showing up on the 1st. with a crew to help move their belongings on to the front lawn. Tell them to rent a trailer and borrow a friends truck because your new tenants are arriving on the 1st. with them there or not. Not being able to find a way to move is a lame excuse that you should not tolerate.
They may have been good tenants but now they will be ex-tenants so don't waste time worrying about them your first priority is your incoming tenants.
Real Estate Investor · Austin, TX · Member since 2013 · 6 posts · 3 votes
10y
Here's my update: I reminded the tenants that they needed to be out by midnight or they'd be in violation of the lease. I also offered to pay for a moving van with their security deposit (I had already reviewed the apartment so I knew it was in good condition). They cut it close (10pm that night), but were out on time. Thanks, everyone, who gave me advise on this!
Here's my update: I reminded the tenants that they needed to be out by midnight or they'd be in violation of the lease. I also offered to pay for a moving van with their security deposit (I had already reviewed the apartment so I knew it was in good condition). They cut it close (10pm that night), but were out on time. Thanks, everyone, who gave me advise on this!
Good news. I'd also have taken a hard stance on this. They had lots of time to arrange for a mover on that date.
I was once the tenant ready to move in, only to be informed that the tenant hadn't vacated and they would probably have to evict them, so they terminated my lease - which was in the lease.
So, since I had to be out of my apartment, I had to pay movers to move my stuff into storage, find a new place, and pay movers to move it out of storage and into the new place. Enormous and expensive pain in the butt.
Our contract also had the clause that the contract terminated if the tenant didn't move out on time. And there is a new trend at least in CA, to not have a new tenant sign a lease until their move-in day, for just this reason. But, I still think you run the risk of being sued. If someone is relying on a move-in date, and they incur costs because you promised to deliver the place on a certain date, I believe they'd have a case to sue. Even if you had a clause that supposedly covered it in your lease, or a lease hadn't been signed yet.
I hadn't learned any law yet when I experienced the above, but I would now definitely take them to small claims court if it cost me out of pocket because of their verbal promise to deliver. And just because something is written in a contract, doesn't mean you still can't sue over it.
Plus, who knows what kind of damage would be under the sofa or behind the painting, etc.? And now you have to find carpenters or painters or carpet layers to do work in two days? It's just better all around to not advertise a place for rent until it's empty and show-ready, in my opinion.
I'm glad it worked out for you, and I know some people show units before tenants are out, but I think it's a little risky.
San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
10y
Oh, and never use the deposit for something like paying for their movers. It will bite you in the butt.
Tenants miraculously find ways to move or pay for things when they learn you don't care about their hard luck stories. And that doesn't mean you have to say no in an angry manner. You can be nice as can be and say you're so sorry, and you really hope you won't have to evict them, but you will need the unit on time, etc. Which you discovered :-)