expired lease - landlord rights

[giti]

What is the name of your state? ny

Our tenants signed a six month lease - ending at end of March '07- they called in early march saying the house they were building would be completed early. We then placed ads for new tenants. Our current tenants then asked to stay extra week (april 1-7). We said they could stay for free if they would show house for us which they did. Now we have found a tenant renting sight unseen. She is on her way with three kids and all her furniture from OH - arriving on the 8th of april.

We told our current tenants they could stay in our vacation home until their house is finished! They told us last night they have decided that they will not leave - that our new tenant should stay in our vacation home - their new house might not be completed for weeks and they will stay until it is done (paying rent) - what are our rights? We have no lease renewal agreement with them.

 

[Cvillecpm]

You should have a holdover clause in your lease that allows you a minimum of 3X per diem rent for any holdover - that stops them staying past their lease end date as it becomes too expensive.

Advise tenants they need to place this belongings in a PODS at their new home and stay in a motel because new tenant is moving into your/their house. New tenant should not be inconvenienced because of your STUPID tenants' inability to control their construction timing.

Having a FIXED TERM LEASE with a holdover clause prevents this possibility. Old tenants are liable to new tenants for ALL COSTS if house is not available for them.

You actually have the upper hand since any cost can be obtained from tenants new house by getting a judgement and recording it against their SHINY NEW HOME * THEIR BIGGEST ASSET!!

 

[giti]

thanks - great advice.

 

[giti]

can we raise rent?

I was wondering if we can raise the rent on them now?

 

[Cvillecpm]

NO NO NO - you want them OUT, GONE...don't encourage them remaining by offering to allow them to stay at a higher rent that will take 30 days to become effective.

Get to an attorney MONDAY

 

[giti]

lease expired

Will do - thanks for quick replies!

 

[acmb05]

You should have a holdover clause in your lease that allows you a minimum of 3X per diem rent for any holdover - that stops them staying past their lease end date as it becomes too expensive.

Advise tenants they need to place this belongings in a PODS at their new home and stay in a motel because new tenant is moving into your/their house. New tenant should not be inconvenienced because of your STUPID tenants' inability to control their construction timing.

Now thats funny. The tenant has no reason to have to pay for anything.

Having a FIXED TERM LEASE with a holdover clause prevents this possibility. Old tenants are liable to new tenants for ALL COSTS if house is not available for them.

But since we don't know if there is a clause in the lease for this then old tenants are not responsable for anything.

You actually have the upper hand since any cost can be obtained from tenants new house by getting a judgement and recording it against their SHINY NEW HOME * THEIR BIGGEST ASSET!!

No they don't have the upper hand because if tenants decide to stay they are now month to month and as such proper notice will still have to be given for them to move.

Landlord jumped the gun on this one by renting a place out that was still occupied and having a move in date so close to the supposed move out date.

Landlord would lose any case they even tried to bring against the tenants. The tenants are paying rent and as such have every right to stay in the house until proper notice is given that they must leave.

 

[acmb05]

NO NO NO - you want them OUT, GONE...don't encourage them remaining by offering to allow them to stay at a higher rent that will take 30 days to become effective.

Get to an attorney MONDAY

Gonna take at least 30 days anyway since WRITTEN notice was never given that they needed to move.

 

[acmb05]

New tenant should not be inconvenienced because of your STUPID tenants' inability to control their construction timing.

Take it from someone who has been building houses for 20 plus years, there are almost alway unforeseen costruction delays. It has nothing to do with the timing of the construction. You have things that are back ordered, things that are just plain late getting delivered, there are tons of reasons for a delay that the homeowner would have no control over.

 

[giti]

expired lease

We have a verbal agreement with them that they would be leaving after first week of april. We have offered alternative residence in a furnished home across the road. They have given us no notice that they needed more time and they were showing the home to prospective tenants. If we hand them eviction notice tomorrow - how much time do can they take? We have not received money from them for month of April.

 

[acmb05]

We have a verbal agreement with them that they would be leaving after first week of april. We have offered alternative residence in a furnished home across the road. They have given us no notice that they needed more time and they were showing the home to prospective tenants. If we hand them eviction notice tomorrow - how much time do can they take? We have not received money from them for month of April.

3 day notice to pay or quit. Then they either pay, or move, or get evicted.

30 day notice has to get to them before the next rental period is due. That is if they pay Aprils rent. If you go the 30 day route then you have to serve it on them by May 1st when rent is due and they would have to be out by end of May.

Explain to new resident what is going on and offer them the other residence until the old tenants moves. You could offer to help pay for storage of thier belongings also.

 

[Alaska landlord]

Words of advice never make any money or equivalent transactions with your tenants. Once they have what they want the deal is off. They only time to make a deal is when they turn in their key. Also when a tenant gives you a 30 day notice you should counter with one of your own. This way you can sue for holdover fees and or evict promptly.

 

[CA LL]

A LL should never enter into any type of obligation with a new tenant until they have legal possession of the property back. As you are learning...just because they say they will be gone doesn't mean they will be.

That being said...YOU OK'd an extension and in your state that MIGHT be looked at as an "acceptance" of invalidating the notice given. However, since you have not (?) collected rent for April, you do have that much going for you.

Please be aware that if you serve pay/quit notice for the month of April, you MAY be invalidating the termination if they pay and you accept.

In many states, although LL's are either not aware or don't do it, a LL can file eviction the day after the tenant's written notice expires if they are not gone. Other states provide for not only eviction filing but holdover penalties if in the lease, etc.

 

[CA LL]

Oops perhaps it seems there is nothing in writing saying they were going to move..or was there?

 

[giti]

expired lease tenants won't move

Nothing in writing other than original very basic lease agreement.