Tenant asking to stay past lease

6 Replies

I had a tenant that I inherited and did not renew the lease which is up 1/31/18. I gave them a 60 day notice that their lease would not be renewed. They just sent an email stating they will be paid on the Friday, February 2nd,  and because of that they are having a hard time coming up with first month and a deposit. I was planning on working on the unit and then moving in this weekend. I'd obviously prefer them move out on the time we discussed but was wondering what the appropriate steps should be.

Thanks

Originally posted by @Jake Miller :

I had a tenant that I inherited and did not renew the lease which is up 1/31/18. I gave them a 60 day notice that their lease would not be renewed. They just sent an email stating they will be paid on the Friday, February 2nd,  and because of that they are having a hard time coming up with first month and a deposit. I was planning on working on the unit and then moving in this weekend. I'd obviously prefer them move out on the time we discussed but was wondering what the appropriate steps should be.

Thanks

 Since you aren't really clear what you are willing to do (you say you "prefer" but that doesn't hold up in court) you have to decide if you mind if they stay there another month or if you want them out *now*. 

Either way, you have to follow Arizona Landlord Tenant Laws here:

https://www.azag.gov/sites/default/files/documents...

You might want to contact Andy Hull Attorney, and start an unlawful detainer. Don't try to do this one on your own. Use an attorney.

Not really your problem. They should reach out to friends and family for help.

If they can't come up with first month's rent and deposit, it is not your problem.  They will likely not pay you rent for the extended stay either.  Make it clear that if they do not get out on time, you will start the eviction process, which could harm their chances of getting approved somewhere else.  

They need to go- whether they rent a storage space and stay with friends or in a motel- and it is not your problem.  

Let them know that leaving the unit clean, empty, in good repair, and on time will speed up the return of their security deposit.

I agree with the above comments so far. These tenants will be the kind to make promises and not follow through. You will have to stand firm. You gave them 2 months notice and here they are telling you a day or so before the deadline that they can't move out. Oh, and that they'll finish paying you on 02 February? For what, January rent? They need to go. 

Politely but firmly remind them that the deadline to move out is 31 January 2018, and if they are not out and have not returned the keys, you will have no choice but to file for eviction. Also remind them about the security deposit (even if you already know they won't be getting it back).

@JakeMiller It reads as if they are going to try and push you around by paying the February rent. Be cautious regarding accepting any rent for February, check with legal. Andy Hull mentioned above is a solid recommendation.

Thank you all for the input! I definitely felt that I had given them enough notice but was wondering where the fine line between being firm and understanding is. I also was the one that emailed them checking in to see how the move out process was going and that is when they told me. I will let them know that they can not stay and the eviction process will begin on February 1st.

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