Tenant with lease gave 30 day notice.

[J&P11]

The situation is not really legally clear. Him issuing a notice to terminate is possibly going to be binding upon him BUT

The problem is; your remedy would be your damages. If he has since expressed an intent to rescind the notice, you have experienced no damages and since you have not signed a lease with a party to replace him, you will face no issue from such a person such as your breach of the newly signed lease.

The only part that isn’t totally clear is what would a court do if you tried to enforce the tenants notice to terminate his tenancy.

A judge looking at this would tell you you have no damages, as I explained, and therefor are in the same place financially if the guy stays. A judge may even mention it appears you are pushing the issue because you cannot otherwise evict the tenant.

If it is a tenant friendly state, in the least, it’s likely a judge will require you to continue the lease.

You might have an action for your costs to advertise the place or any other actual damages if the tenant remains since there was detrimental reliance on the action the tenant stated he was taking.

I have never indicated anything about trying to evict them. I said I would take them to court for nonpayment if they refused to pay rent for May.

 

[justalayman]

If you have no intent to evict them if they don’t move, then drop everything and allow the lease to continue. The only way to make them move is to evict them and since you said you have no intent of taking such an action, the entire discussion is moot.

If they later violate the lease, then deal with that if and when that happens. It has nothing to do with their intent to terminate the lease since that is no longer in play.

 

[J&P11]

I simply don't think that notifying you he was going to vacate is a violation. When he did you told him it would cost him and he said never mind I'm staying.

You on the other hand not allowing him to stay, for whatever reason, without first going through the courts and evicting him would be a violation of the lease.

That was basically my question. He gave notice of moving out. I accepted. Now he has retracted. Am I not allowed to refuse the retraction? So basically he can do this over and over, all the while complaining about little things that he wants done by me (a 70 year old female or my 72 year old disabled veteran husband). I get texts from him demanding that we come pick up his cardboard boxes that the city trash won't take. Or to nail down a board or that the motion solar light that a previous tenant installed aren't working right ....hello it depends on the location of the sun at certain times of the year!!! I can't stand them and want them gone but yes, I realize they have a lease until the end of the year...But THEY gave notice to move!!

 

[justalayman]

!!! I can't stand them and want them gone but yes, I realize they have a lease until the end of the year...But THEY gave notice to move!!

But they have since rescinded the notice of intent so unless you are willing to attempt to enforce the original notice and evict them, the discussion is meaningless. You said you have no intent on evicting them so further discussion of the matter is meaningless.

 

[not2cleverRed]

That was basically my question. He gave notice of moving out. I accepted. Now he has retracted. Am I not allowed to refuse the retraction? So basically he can do this over and over, all the while complaining about little things that he wants done by me (a 70 year old female or my 72 year old disabled veteran husband). I get texts from him demanding that we come pick up his cardboard boxes that the city trash won't take. Or to nail down a board or that the motion solar light that a previous tenant installed aren't working right ....hello it depends on the location of the sun at certain times of the year!!! I can't stand them and want them gone but yes, I realize they have a lease until the end of the year...But THEY gave notice to move!!

It sounds like you enjoy being a LL (now that half of Long island has moved to NC).

Look, your tenants have a lease. And you cannot sue for damages... until you have damages.

Do everything by the book, to a "T", until they have moved out. Kill them with kindness, polite them to death, and be ready to react after they vacate.

1) He has retracted his notice. Pretend that means that the intends to stay for the duration of the lease. Send him a letter (FarmerJ gives very detailed instructions) expressing your understanding that he intends to stay for the duration of his lease, unless he clarifies in writing otherwise.
2) If they do not pay May's rent, start with a Pay or Quit notice. If they still don't pay, follow up with steps towards legally evicting them. But be all sweetness and politely professional while doing so.
3) Do not say anything further about what they have to do before leaving, other than in written correspondence refer to the "conditions of your lease", and offer a walk through. If the lease says that they are responsible for mowing the lawn, "conditions of your lease" covers that. Every lease I've ever signed has included a clause about the unit being clean, only a dingbat gets their hackles up over being told to clean before moving.

Will they leave by the end of May? Maybe. Maybe not.
Will they leave the place clean and mow the lawn? Maybe. Maybe not.

Where you have recourse: they have a security deposit, and anything that can be reasonably argued as beyond normal wear and tear, can be deducted from the security deposit in a timely fashion. Depending on how long they have lived there, and the conditions of things when they moved in, some things might be beyond their expected life. However, if they leave the place filthy, the cost of cleaning is a reasonable cost. If they were supposed to mow the lawn, etc., the cost of mowing the lawn can be included.

If they leave the property with damages exceeding the security deposit, you can pursue that in court.

 

[J&P11]

It sounds like you enjoy being a LL (now that half of Long island has moved to NC).

Look, your tenants have a lease. And you cannot sue for damages... until you have damages.

Do everything by the book, to a "T", until they have moved out. Kill them with kindness, polite them to death, and be ready to react after they vacate.

1) He has retracted his notice. Pretend that means that the intends to stay for the duration of the lease. Send him a letter (FarmerJ gives very detailed instructions) expressing your understanding that he intends to stay for the duration of his lease, unless he clarifies in writing otherwise.
2) If they do not pay May's rent, start with a Pay or Quit notice. If they still don't pay, follow up with steps towards legally evicting them. But be all sweetness and politely professional while doing so.
3) Do not say anything further about what they have to do before leaving, other than in written correspondence refer to the "conditions of your lease", and offer a walk through. If the lease says that they are responsible for mowing the lawn, "conditions of your lease" covers that. Every lease I've ever signed has included a clause about the unit being clean, only a dingbat gets their hackles up over being told to clean before moving.

Will they leave by the end of May? Maybe. Maybe not.
Will they leave the place clean and mow the lawn? Maybe. Maybe not.

Where you have recourse: they have a security deposit, and anything that can be reasonably argued as beyond normal wear and tear, can be deducted from the security deposit in a timely fashion. Depending on how long they have lived there, and the conditions of things when they moved in, some things might be beyond their expected life. However, if they leave the place filthy, the cost of cleaning is a reasonable cost. If they were supposed to mow the lawn, etc., the cost of mowing the lawn can be included.

If they leave the property with damages exceeding the security deposit, you can pursue that in court.

Thank you....and yes half of NY and Florida, and a lot of Californians have moved to our beautiful mountain town....which makes rentals hard to find.

As i stated, I think the retraction was a ploy to get me to let them out of the lease. I am going to inform them that I will let them out of the lease, and go from there. If they insist on staying, I will honor it........Is it legal for me to block their phone numbers from texting or calling me? If they stay I don't want constant complaints from him about minor issues, demanding I do something about things conditions that were there when they were so eager to move in such as the doorbell or solar lights put in by a previous owner or the paint that they put on the deck with our permission, is peeling in spots.

 

[LdiJ]

Thank you....and yes half of NY and Florida, and a lot of Californians have moved to our beautiful mountain town....which makes rentals hard to find.

As i stated, I think the retraction was a ploy to get me to let them out of the lease. I am going to inform them that I will let them out of the lease, and go from there. If they insist on staying, I will honor it........Is it legal for me to block their phone numbers from texting or calling me? If they stay I don't want constant complaints from him about minor issues, demanding I do something about things conditions that were there when they were so eager to move in such as the doorbell or solar lights put in by a previous owner or the paint that they put on the deck with our permission, is peeling in spots.

You really cannot block them from calling or texting you. They have to have a way to inform you about emergent problems. If you make it impossible for them to do so, then you really put yourself at serious risk.

 

[J&P11]

You really cannot block them from calling or texting you. They have to have a way to inform you about emergent problems. If you make it impossible for them to do so, then you really put yourself at serious risk.

Thank you for your reply. I was just going to block them from my cell phone to keep him from texting me. They have my landline number and friends and family live on the same street as them, two and three houses away, who could text me in an emergency. The man's constant texts are driving me crazy! He's very argumentative and has to have the last word.

 

[J&P11]

You wrote >> I am wondering why it was ok for the tenant to give his 30 day notice to move because he and his wife had purchased a mobile home....thus technically breaking the lease.<< He said He bought a home, that in it self is not a lease violation, you are mistaken when you some how came to believe he was breaking the lease. He would have to move out , or not pay you or violate the lease another way in order for you to successfully prove a breach of the lease. Keep in mind certified mail is nice to have BUT tenants can and do get the idea If they refuse to sign for a letter and don't go pick it up that they can claim they didn't get a notice ( and it would be sent back to you by post office ) If your going to send mail to a tenant certificate of mailing doesn't need to be signed for and still gives you proof of having sent out mail to someone since both your name and to whom you sent mail is on it. AND sending a second copy out via confirmed mail delivery say a day later would give you a second receipt to show a judge SO even if a tenant claimed they didn't get a letter from you in court then a judge will likely still accept that you did send notice out since you can show the court you sent it two ways and a judge can politely tell the tenant they are lying or that he or she doesn't believe them. You wrote >>In his notice retraction he had the nerve to demand that when the lease is up at the end of the year that I give the courtesy of 60 days notice if I plan to not renew again. << So exactly what does your written lease call for as to the amount of notice to be given should the tenant be the one to want to not renew or prevent a renewal ? ( keep in mind the tenant can demand the sun rise in the north and set in the south all they want until they are blue in the face and it means nothing ) so again how much notice does your lease say is needed to prevent a renewal ?

The lease states 30 day notice on either party. If their retraction is not a ploy ( they did say they had purchased a mobile home to move into,though) and they end up staying....I am going to give them the 247 day immediate notice of intent not to renew.,

 

[Shadowbunny]

The lease states 30 day notice on either party. If their retraction is not a ploy ( they did say they had purchased a mobile home to move into,though) and they end up staying....I am going to give them the 247 day immediate notice of intent not to renew.,

Why? That seems to be an unnecessarily adversarial thing to do and is likely to make things worse, not better.

And as long as you have a landline, then block him from your cell phone (as long as they have the landline#). With any luck, they'll move out sooner. Then you'll have to decide if you want to pursue them in court for any unpaid rent through the end of the lease. Keep in mind -- that means he'll be in your life longer. And even a judgment doesn't mean you'll get any money -- you'd have to figure out how to collect.

 

[not2cleverRed]

Thank you....and yes half of NY and Florida, and a lot of Californians have moved to our beautiful mountain town....which makes rentals hard to find.

As i stated, I think the retraction was a ploy to get me to let them out of the lease. I am going to inform them that I will let them out of the lease, and go from there. If they insist on staying, I will honor it........Is it legal for me to block their phone numbers from texting or calling me? If they stay I don't want constant complaints from him about minor issues, demanding I do something about things conditions that were there when they were so eager to move in such as the doorbell or solar lights put in by a previous owner or the paint that they put on the deck with our permission, is peeling in spots.

Your lease, no doubt, has some phrase about renewal, and how much notice is required. I strongly suggest that you don't go throwing gasoline on a fire. 247 days notice is adversarial.

I would not block the cell phone calls and texts. I would simply let all calls go to voice mail (so that there is a record), and only respond to those messages and texts that are necessary. If a complaint doesn't require a remedy by you - such as the cat and rug drama - acknowledge receiving the information, and cite the part of the lease addressing the issue, and leave it at that. Be very direct, factual, and minimalist. Do not respond with emotion, just cool politeness. Pretend that tenant friendly judge is looking over your shoulder examining your communications, and that you want to impress upon that judge that you are not petty, that you are unfailingly fair and businesslike. That way, you are already prepared if you have to take this to court.

 

[Zigner]

You could use an online texting service (the largest search engine provides such a service for free). That way, your tenant has a number to text that won't blow up your phone. You'd just have to make sure to check the account for messages on a reasonable basis. I would also tell the tenant that you don't check your text messages that often, so in an emergency he should call your landline.