Tenant Did Not Leave After Lease Ended

3 Replies

First property has been a fun one! Learning a lot. 

This time, a tenant is purchasing a house, and their closing date was postponed. Therefore, they decided to stay. Original lease end date was Sept 9. They say they'll be out by Sept 14. I have new tenants moving in Sept 15. I gave myself a week for repairs/cleaning/painting.

Now, my concern is: What if closing doesn't happen on the 14th.

I've read up on the laws around eviction, hold-over, and filed for eviction, but that won't happen until after the new tenants are supposed to move in.

What are my responsibilities to the new tenants if the property is not available on the 15th? 

Thanks in advance!

You unfortunately you cut it far too close and will pay the price. You can never count on soon to be ex tenants and cannot expect them out by the 14th.

You should be informing your new tenants of the situation and working something out. Best option is that you release them from the lease and let them find someplace else.  Alternately you could be stuck for hotel and storage/moving fees. Not really worth it for a new tenant.

Also you can tell the current tenants that they need to be out and put their stuff in storage until they close. THey gave you notice and you acted on that notice. They will be help to that notice and need to leave.

Don't give them approval to stay (I understand they may stay anyway, but yhou need to do your best to get them out asap.