I had a tenant who had not vacated the property by the end of the 30 day notice. The tenant, however, vacated the following day. This fell on the 1st day of the month, which happened to be on a friday evening. I did not plan to switch utilities back into my name until tenant had vacated. I found that the utilities had been shut off by the same evening. The utility companies in my area are closed on the weekends, at least for activation of services. without service, i had no water, electric or gas in order to begin making repairs and cleaning. The following week each utility company, one by one, restored the services. All services had been restored by wednesday or thursday following the week tenant was vacated. This caused me to lose close to a weeks time, because i could begin work on the property until services had been restored. Is there any recourse?
I did not use the auto rollover option simply because a tenant will not necessarily be vacated by the end of their lease term, as in this case. I mentioned the utilities to illustrate the loss of my ability to take over the property, and begin preparing for next tenant, due to the tenant not being vacated. The point I was driving at, was the tenant was not vacated by the end of the month. Above I stated the 1st of the month the day tenant was vacated, but after checking my records I found that it actually was the 2nd day of the month. My question is, are there any measures I can take directly regarding to the fact tenant was not vacated by the end of the 30 notice.
If I read this right, the tenant stayed two extra days (?).
If so, I would guess an offset of the deposit pro-rata per day might be reasonable. For example if your rental rate is $30/day, roughly 900/mo, then 60 bucks taken from deposit return may be acceptable for them overstaying two days. Pretty common.
The problem is trying to get them to pay for the week or so of vacancy due to no utilities. I think you have trouble there. Yes, in your turn over schedule and according to your plan, the tenant caused the extra delay.
But on the flip side (playing devil's advocate) they might argue you should have a back up plan and have between tenants or rollover account or just switch the utilities to your name that AM (Friday) or a day early.
So while they may have cost you the week in your schedule, it may not be a cause that would hold up. It could be more about your need for some contingency planning.
It may happen again for example (takes some people a bit longer to move). It may also be hard to show you could have rented it right away anyhow--even if the utilities were on. So getting that extra week of lost rent out of the tenant may not be feasible.
And if it was just a week's rent, I would chalk it up as tuition at landlord college. It could have been worse (like burst pipes and such).
As a note, I can relate and I experienced one dark, cold unit on a turnover before I put in a between tenants account so it goes straight to me once they change it.
The trick now, of course, is to get the new tenant to go right down and get the electric in their name when they move (or I end up paying their first week).
Best of luck!
The following is the statute in the state I reside in:
"If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession. In addition, if the tenant's holdover is willful and not in good faith the landlord may recover an amount not more than 1 1/2 months' periodic rent or not more than 1 1/2 times the actual damages sustained by the landlord, whichever is greater."
I did give permission, in fact, when I went to do the final walk thru with the tenant it was obvious the property would not be vacated completely that day.