Double lease, how to get rid of current tenant?

Question

Theresa Harris · Answer

What does the auto renew say- is it for another year or month to month?  If month to month, give him the notice required now-so he has 5 months' notice from today.  Let the new tenant know so they can try to work something out.  Did you get any of it in writing?  You could offer him cash for keys (do not hand over any money until he is out and you inspected the place).

Caroline Gerardo · Answer

Tenant allowed you to show the place before and after March 1st? If this is true write a note to him that on "X specific date (be exact before March 1) you gave me notice that you did not intend to extend your lease. If you would like to stay and since this is past the deadline of March 1st please sign the amendments to the lease."

Charge for pest control monthly

Charge to inspect for trash properly disposed and food kept in glass container jars.

Charge the max late fee for Virginia ( is 10%)

Charge for whatever

leave the rents with the 4% increase you stated.

Give him five days to sign and respond.

"If you stand by  your decision to move out and not to continue renting for another year as you stated please be out by X date 5:00 PM so we may refund your deposit promptly."

AN EXAMPLE OF WHY I NEVER EVER ACCEPT A Seller's tenant. It it likely the lease was changed when seller listed the property to make them cooperate and ding you.  Always start fresh.

Use your nice voice and stop talking verbally with him. Everything in email and writing.

Matt Devincenzo · Answer

How far out is the renewal date specified? Typically it's only 30-60 days.

Matt Devincenzo · Answer

Any chance your tenant sent you a text/email stating that they did not intend to renew prior to March 1? That would be your best defense.

Bocondo Williams · Answer

Thanks for so many reply, here are couple more things people are asking...

1. State is Virginia.

2. Here is language in lease for renewal " REQUIRED NOTICE TO VACATE / INTENT TO RENEW. This Lease shall automatically renew for an additional one (1) year term upon the expiration of the Lease unless either Landlord or Tenant gives written notice by March 1 each year. If Landlord or Tenant does not give notice to vacate the premises, the lease continues on the same terms with a rental increase 4% for an additional 1 year term. Landlord may lease the Residence for the following term to other parties as the market demands. Tenant agrees to provide Landlord access to the premises at reasonable times for purposes of showing the premises to future tenants"

3. Lease term run from Aug 1 to Jul 20.

Greg Scott · Answer

I don't like either option you propose.

You just learned a very valuable lesson.  No need to get angry about what the resident did.  Just know your lease.  In fact, you should know it BETTER than any resident.  Option 1) A legally-binding lease easily crushes your "policy".

Option 2) If this resident violates the lease, yes, you can take legal action to have them removed.  You can also non-renew them properly in a year.  On the  other hand, if they are paying, why try to force them out?  If they are paying late, apply the late fees allowed by your lease and it might make up some of the $200/mo you are worried about.

Double lease, how to get rid of current tenant?

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