Advice Needed/ Tenant Move out

5 Replies

So I'm caught in middle of a sticky situation and it is partially my fault.  Looking for what steps I should take next.

*August 13th a current tenant called to inform me that she got new job across state and that she would not be renewing her lease which ended October 7th.  She says she will be out by the middle of September.  No big deal

*I up the rent by $25, post the property, state that it will be available early October, find a great new tenant, and accept the deposit to hold. Everyone is happy.

*Problem begins-Current tenant is moving into a new build that gets delayed so she doesn't have a place to move things to.  She informs me that she will need until the 15th of October, and she deposits 1/2 months rent into my bank account without my approval to pay for the extra days past her Lease.. This was the at the end of Sept.  I talk to the incoming tenant and she is ok with it being held off a few weeks.  I text the current tenant back let her know she has until the 15th to be moved out.  The problem really cranks up last week when the Incoming tenant finds out that the house she is living (which was in the process of being sold, which is why she is moving) will close on Oct. 11th and she needs to be out that day.  She was told originally she would have 30 days past, which was why she wasn't too concerned.  Now she is out of a place to live, and has no where to put her stuff.

*Problem gets worse now because the current tenant called yesterday and says the new house still isn't done and it could be another week or 2. Now everyone is stressed.  

Now I have definitely learned my lesson.. (Not to promise a move in date to new tenant until old one is out!)

Just not sure what to do from here?  What rights do I have a this point?  Thanks in advance..

p.s. this is in Michigan

I would make the current tenant pay a full months rent.

I would use the that money to house them at a short-term housing situation (air bnb) for the new tenant.

Offer the new tenant a free month when they are able to move in.

Tell the old tenant to pay up.

@Robert Shadley ,

It looks like your old tenant is walking all over you.. her lease expired on the 7th, and she should have moved out by then.   I would give her formal notice that her lease is over, and she needs to clear the premise.    Just because she gives you money, doesn't mean you are renewing.    You can't be waiting and waiting for her to find a place, whose to say  it will get done next week, next month? etc... I'd have her leave and start focusing on the new tenant.  

I agree with @Christian Hutchinson , offer a move -in incentive to the new tenant for dealing with all this. 

Oct 11th has come and gone, where is you new tenant living today.

Tell your present tenant you have a new tenant moving in on the 15 and she must leave. Serve her with a eviction notice and tell her you will withdraw it if she leaves on the 15th. Don't worry if the eviction notice is legal or not at this point all you are trying to do is intimidate her. Tell her you will be there first thing in the morning with a team to put her stuff on the front lawn.

I would be there on the 15 moving her stuff onto the front lawn till the police show up.

Hi 

I am new in real estate with focus on rentals in Bay Ridge, Brooklyn.   The brokerage I am working with has a number of apartment listings, I advertise, but acquire only less than  50% decent potential renters. My broker sends the same leads to the team, so there's conflict of interest.   How do I acquire 'acceptable' renters?  What websites do you recommend? I advertise but only 30% are reliable renters.

Appreciate your advice.

Evelyn

Hi Robert:

Don't feel too bad--many landlords have made this same error in the past.

You could treat the situation just like any other month-to-month lease, i.e. if the rent isn't paid in full, you could use a demand for non-payment of rent to start the eviction (9 day notice) OR you could ask for possession of the property using a notice to quit (32 day notice).  The downside to the non-payment of rent notice is that, if she pays, she stays.  Some courts will allow no notice if the person hasn't moved by the end of a lease (and there is no extension clause) and allow you could go straight to filing the complaint--but I'd use a attorney for that one.  (This last alternative would be the only way to legally get them out without working out a deal with them.)

I like one of the comment's above, i.e. offering to move them some where else in the mean time but that could get expensive.

Trying to keep both parties happy might be tough without a lot of costs to you.

Good luck,

Clay

Join the Largest Real Estate Investing Community

Basic membership is free, forever.