How to Handle Rent Paid Automatically After Notice of Non-Renewal?

Question

I served a notice of non-renewal to my tenant with the lease ending in June. The tenant requested an extension to find a new place, so I granted a 15-day extension with a new end date of July 15th. It was clear to both parties, with email exchanges confirming that the end date is July 15th and lease won't be renewed.

However, I forgot to stop the automatic rent collection through Zillow, resulting in the tenant paying the full July rent on July 10th, which has already been transferred to my bank account.

•	I want to refuse the payment and ensure the tenant leaves on July 15th.

•	I want to serve a notice to quit and have the tenant out ASAP.

I have a new tenant moving in on August 1st and need to renovate the place for 10 days. What recourse do I have to force out the tenant ASAP after the end of the lease with the non-renewal notice?

Nathan Gesner · Answer

Have you spoken with the Tenant?

It's amazing how often people miss this simple step. Talk to them. There's a 99.999% chance they've already found another place to move to, since they are scheduled to be out today. I'm sure they want the money back and they plan to leave.

Matt Devincenzo · Answer

Over collection of rent doesn't eliminate the notice to vacate, they're still legally obligated to vacate on the 15th. You're legally obligated to pro-rate and return their overpaid rent. If they aren't out tomorrow post the notice and let them know you'll be evicting if they don't leave.

Frank Barletta · Answer

It reads like you're jumping the gun but immediately refunding the resident. Tell them there was a banking error, and the funds are being transferred back. Ask them if they have any questions; otherwise, you wish them well and will be a positive landlord reference if they need one on their 7/15 departure.If they're going to stay, they will stay regardless, so you'd handle it legally at that point.