Interesting Situation Concerning Property...

[ws6whiteshark]

What is the name of your state (only U.S. law)? MD

Our current tenants had a fire at their primary residence, so while it is under repairs they needed to rent a house for a few months. They are month to month, their insurance company pays their rent, security deposit and provided them with rental furniture while they reside at our rental home.

We received notice from the insurance company that the tenants would be vacating on March 30th. However, on March 22nd we received word from the tenants that due to delays with their house (February MD Blizzard), they would like to request a one month extension to April 30th, which we granted. Prior to March 30th, I sent the tenants a notice advising them of their move out responsibilities outlined in the lease and what they had to do prior to vacating and that we would be showing the property to prospective tenants during the month of April. On April 27th, the tenants called and requested another extension to May 21st. We informed them that we had several applications in process for a May 1st move in and we would have to check to see if the prospective new tenants had any flexibility on their move in date. We also received an email from the insurance company representative on the issue. The new tenants, while it was an inconvenience, agreed to a move in date of Saturday, May 22nd. So we contacted the tenants and insurance company rep indicating we would grant this last extension, but they MUST vacate on May 21st... no exceptions.

Yesterday, Thursday May 20th, we receive a phone call from the tenant that their plumbing failed inspection and they will not be able to move back into their house and that they would like to get an extension. The tenants also called their insurance company representative - who had already arranged to have the furniture rental company come get the furniture today (May 21st). However, in error he canceled the furniture move before talking to us. We informed him and the tenants that we can not authorize an extension, they have to move by COB May 21st and have all the furniture out of the house. insurance company rep. said that may be a problem... and the tenants indicated that it's not their furniture, so they can't touch it. We plan to hear back from the insurance company rep. at 10am this morning on whether he can get the furniture moved out.

Now I feel bad for the tenant's circumstances, however, they should have been a bit more proactive on what was going on with their home and whether they had a Right of Occupancy Certificate so they could move back into their house. I have new tenants wanting to move in Saturday morning, so I'm not going to hold these guys up.

If you were in my shoes, what would you do if the insurance company rep. comes back saying he can't get the furniture company out there to move the furniture? Move and store the furniture yourself, put the furniture out in the lawn and leave it (I doubt the LCD TVs will like the coming rain for this weekend) so it's out of the way of the new tenants moving in, or whatever else you may have in mind. To move it would be around $40-$60 an hour per person, plus truck, gas, mileage, supplies, etc and then the cost of storage per night. Would this come out of the security deposit like any other damage or unpaid bill?

Thanks for your input.

 

[JETX]

First, you can't do any of the things you 'suggest'... as they would be in violation of your state landlord-tenant laws as to evicting a tenant.

Your only recourse is to insist to both the tenant and the insurance company that they vacate the premises on or before the agreed 'termination of lease' date and that any holdover tenancy after that date will be at a new rental rate of an additional ($200??) per day. Do this in WRITING!!! You need to do anything you can to force these 'continual extenders' out of your property.

 

[treese]

You cannot move the tenants or the furniture out yourself as that would be an illegal eviction.

You also cannot enforce a new rental rate, daily or monthly. The law makes the tenant liable for actual damages caused by the tenant holding over and the prorated rent for the period of holding over at the rate provided in the lease.

Your only legal option is to file the required complaint with the court and evict. In which case, you will not have your rental returned to you by the new tenants move in date.

Holding Over Without Consent in Maryland

Holding Over Without Consent

Liability
A tenant, or anyone holding under the tenant, who unlawfully holds over after termination of the lease, is liable to landlord for all actual damages caused by the holding over, and at the least, is liable for the apportioned rent for the period of holding over at the rate provided in the lease.

A landlord may be awarded a money judgment in tenant-holding-over cases if the court finds that the tenant was personally served.

Landlord may seek damages under this section as part of the eviction suit, or he may file a separate action for damages. Landlord may also pursue other remedies granted by the lease or other applicable law against a holdover tenant.

Eviction Procedure
Whenever the landlord has given to tenant the proper written notice to vacate the premises, (see below) and the tenant does not comply, the landlord may make a complaint in writing to the District Court of the county where the property is located.

http://www.courts.state.md.us/district/forms/civil/dccv085np.pdf

The court will issue a summons notifying the tenant to appear in court on the stated day to tell the court why the property should not be restored to the landlord. The constable or sheriff will serve the court summons on the tenant, subtenant, or assignee on the property, or on their known or authorized agent. If none of those persons can be found, the sheriff or constable will post a copy of the summons in a conspicuous place on the property. Where tenant, sub-tenant, or assignee has also been sent a notice by first class mail, the posting of the summons will be conclusively presumed to be sufficient service to support a judgment to restore the property to the landlord.

Acceptance of "any payment" after the notice to vacate is given, but prior to the eviction, does not constitute a waiver of the notice or a waiver of any judgment for possession, unless the parties so agree in writing.

At the hearing, if the court finds for the landlord, it will issue a warrant to the sheriff to deliver the possession of the premises to the landlord, and will order tenant to pay the landlord's costs in the suit. If either party fails to appear in court at the eviction hearing, the judge may, in his discretion, postpone the hearing for not less than six nor more than ten days after the day originally scheduled.

The sheriff or constable must be present at the actual put-out as an officer of the court. However, he will not participate in physically moving tenant's possessions. That is the landlord's responsibility.

Proper Notice to Vacate Premises
A landlord must give proper notice before terminating a tenancy.

 

[ws6whiteshark]

I don't believe the tenants will "holdover" as they understand we have new tenants looking to move in on Saturday. Basically the only thing they have to move is their clothes and anything they purchased while at our house... so they're moving out. However, the tenants indicated they don't own the furniture since it's rented and the insurance company contracts with the furniture rental business who would be the ones picking up the furniture. If the tenants or the rental company doesn't remove the furniture, as the owner of the rental property, I do have the right to remove the furniture and any other personal belongings left behind, charge for removal and storage... correct? And that will be a rather substantial bill... 5 bedroom house full of furniture. Hopefully, the insurance rep will come back saying he was able to get the rental place to fit us back in the schedule to come pick up the furniture. What a PITA.

 

[JETX]

You also cannot enforce a new rental rate, daily or monthly. The law makes the tenant liable for actual damages caused by the tenant holding over and the prorated rent for the period of holding over at the rate provided in the lease.

I disagree with your interpretation (which presumably was based on a Maryland law (§ 8-209) that has expired).

In any case, this entire situation was created by the OP trying to 'link' these lease periods to the DAY!!! as to prevent losing even a day rent.... and not even providing for a day to clean, paint, etc..

At this point, since the key day is TODAY..... his plan is trumped by the fact that the current tenant is pretty much in control since they have possession.

The OP is going to have to 'suck it up' and advise the 'new' tenant that the property is not available and won't be for at LEAST a month..... and likely much longer than that if the tenant fights the eviction notice.

To the OP.... send the tenant the required 'notice to terminate lease'... and if they don't leave.... start eviction.

 

[ws6whiteshark]

I disagree with your interpretation (which presumably was based on a Maryland law (§ 8-209) that has expired).

In any case, this entire situation was created by the OP trying to 'link' these lease periods to the DAY!!! as to prevent losing even a day rent.... and not even providing for a day to clean, paint, etc..

At this point, since the key day is TODAY..... his plan is trumped by the fact that the current tenant is pretty much in control since they have possession.

The OP is going to have to 'suck it up' and advise the 'new' tenant that the property is not available and won't be for at LEAST a month..... and likely much longer than that if the tenant fights the eviction notice.

To the OP.... send the tenant the required 'notice to terminate lease'... and if they don't leave.... start eviction.

Thank you for your comments...

As for linking the lease periods to the day, this was not my idea... this was a direct request of the new tenants as they want to move in ASAP, which is May 22nd. They were originally supposed to move in on May 1st, but due to the current tenant's extension it was pushed back to the 22nd.

My wife and I have been in and out of the house conducting showings all through the month of April and I've been back a couple times in May. The house was professionally painted and new carpet installed before the current tenants moved in and they keep it relatively clean. So I don't anticipate any need for painting. Carpet cleaning can be done late today or early Saturday. That's not a problem.

As I said in my previous post, the current tenants don't seem to have an issue on moving out. The issue seems to be with the rental furniture and getting it out of the house by tomorrow.

We have been extremely accomodating to help out the current tenants given their situation and to our inconvenience, however, that has come to an end since we would like to move foward with the new tenants.

 

[ws6whiteshark]

Tenants moved out and gave us the keys... left rental furniture in garage. Insurance Company is going to pay storage costs until the furniture is picked up by furniture rental company. Payment first, otherwise they don't get the furniture. Have a nice day!