The tenant gave notice but is not moving out.

Milwaukee, Wisconsin
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The tenant gave notice but is not moving out.

Shane Baganz
Rental Property Investor · Saint Cloud, WI · Member since 2016 · 186 posts · 63 votes

Hey guys,

Any suggestions would be helpful.

We had a tenant give notice, another tenant signed to lease at the beginning of the month, and now the current tenant says they have not found anything yet and may need to stay longer.  Besides the obvious eviction needed, any suggestions how to get them out sooner?  

This creates a domino effect for the incoming tenant not being able to move in either.

Has anyone had this happen before?  

What's the best solution?

Thank you in advance.

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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
3y
Quote from @Shane Baganz:

I would tell them exactly what you told us: another tenant is scheduled to move in. If they fail to move out, they put the new tenant in a bind, you will be forced to evict, and they will have a harder time finding a rental with an eviction on their record. Make sure you are clear and do not waiver in what you say.

If they are still there on March 1, file the eviction immediately.

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  • Bob S.
    Real Estate Consultant · Cleveland · Member since 2020 · 6k+ posts · 3k+ votes
    3y

    ANOTHER reason I tell everyone hire a PM co. Now you are screwed, unless you want to have a heart to heart with them...Nothing you are going to be able to do but call your attorney. Maybe try cash for keys

    Good luck 

    1Reply
  • Richard F.
    Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
    3y

    Aloha,

    First, check the Rental Agreement with the new tenant...what does it say about premises not ready? Talk with your incoming tenant, see if they are able to flex, or if they will let you refund their deposit and go on their merry way. Don't wait another minute to let them know it won't be ready.

    Depending on local law, and your Rental Agreement, your current tenant may become a "Holdover" tenant, subject to additional costs (here, that would be double the rent). 

    We never even show a unit during tenant notice period, much less commit to a move in date. Too many ways for things to go wrong!

    1Reply
  • Ned J.Pro Member
    Investor · Manteca, CA · Member since 2017 · 1k+ posts · 2k+ votes
    3y

    What would a PM do at this situation? The process is the same.....

    1Reply
  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    3y

    @Ned J.

    But they will Handle it for you. It is piece of mind someone is handling it and for many your time is more valuable spent elsewhere

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  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    3y
    Quote from @Shane Baganz:

    I would tell them exactly what you told us: another tenant is scheduled to move in. If they fail to move out, they put the new tenant in a bind, you will be forced to evict, and they will have a harder time finding a rental with an eviction on their record. Make sure you are clear and do not waiver in what you say.

    If they are still there on March 1, file the eviction immediately.

    The DIY Landlord Book4.7248 Reviews
    WebsiteView Page
    3Reply
  • Kevin Sobilo
    Realtor · Hanover Twp, PA · Member since 2018 · 3k+ posts · 3k+ votes
    3y

    @Shane Baganz, I agree with @Nathan Gesner.

    I would use the potential of an eviction filing as leverage to encourage them to leave on time. I just did this with a nonpaying tenant who was not communicating. He did moved out and actually met me to turn the place over and has agreed to pay the owed rent.

    I explained to him if I had to file for an eviction, that would create a record that would follow and affect him. I also explained that since he had well above average income that state law would allow me to garnish his wages to recoup the back rent and that he would additionally end up paying court costs and 6% interest (allowed by state law) on the judgement amount.

    So, he saw how dealing with the situation was better than avoiding it. He has a security clearance with his job and was actually concerned that a judgement could affect that. I guess if someone has financial issues (unpaid judgement) that they are more likely to be tempted to accept bribes etc.

    When you explain it, just keep it factual and explain how as things progress it will impact them negatively. It isn't personal, so don't make it personal when you explain it. It may or may not work, but it is very much worth the effort. 

    1Reply
  • Nathan Brown
    Property Manager · Phoenix, AZ · Member since 2023 · 101 posts · 77 votes
    3y

    Agreed with the above. Keep emotions out of the way and just spell out the next steps with the outgoing tenant. Many times, the threat of eviction is more than enough to cause movement in your favor. Lesson learned for next time though. Don't go making promises where your fulfilment is entirely dependent on other peoples' behavior. 

    1Reply
  • Dave SpoonerPro Member
    Rental Property Investor · Cincinnati, OH · Member since 2020 · 869 posts · 823 votes
    3y

    I agree with the above statements as well. Spelling it out for them clearly is best. I'm sure once you bring up the word eviction that'll prob get them looking for a place quicker. 

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  • Tommy Parker
    Property Manager · Charlotte, NC · Member since 2022 · 269 posts · 135 votes
    3y

    Yup let them know clearly. Not sure what else you can do outside of giving them an eviction notice. 

    0Reply
  • Ned J.Pro Member
    Investor · Manteca, CA · Member since 2017 · 1k+ posts · 2k+ votes
    3y

    @Chris Seveney...... yes, I know that.... but he doesnt have one...... so the answer is still the same..... what a PM would do is going to be the same as what YOU need to do right now. You talk to the tenant, tell them how this is gong to work, and if they cant comply, then you move forward for a formal eviction

    0Reply
  • AJ Cihla
    Member since 2023 · 9 posts · 5 votes
    3y
    Quote from @Ned J.:

    What would a PM do at this situation? The process is the same.....

    There is a big spectrum between “the process” and making sh!t happen. We always follow process but will also attempt to clarify EXACTLY what will go down. “Mr smith we really REALLY don’t want to file this eviction and second cause for damages and debt collection - we’ve seen it really mess people up and they come back begging for us to take it off their record. Would you be amenable to moving out by end of the weekend so I can get you your SD without drama?”


    when I was a novice owner I screwed up the process for notice and eviction more than once. Now my team handles it flawlessly! (and actually doesn’t charge for it as I believe it SHOULD be a management responsibility and not a profit source)
    0Reply
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