LEGALLY, what type of penalty can I assess if my non renewed tenant fails to move out by specified date/time?

Question

I inherited this tenant and she has been a major thorn in my side from day one!! She has a history of stalling at her past residences, when it came to them non renewing her. I will most likely have the unit rerented and her move out is essencial. PLEASE keep answers to knowledgeable landlords, lawyers, or others experienced in rental property. Thanks.

Answer 1

What does YOUR STATE LAW say you can do? Find their laws on the net by Googling the state's name and landlord tenant law.

OK ... you know she will probably stall.

Follow every step precisely, every schedule exactly, and you can get her out fairly easily in most states. s***w up on the schedules and try anything illegal and a smart tenant can stay for months and you end up owing them.

In AZ, here's what I did:

1 - Mailed a notice of non-renewal about 45 days before the end of the lease, also informed the tenant that I would be showing the apartment heavily on the first and second weekends of their final month, between 10AM and 4PM.

2- Included in the letter was a highlighted photocopy of the relevant law, the one about their obligation to allow me to show the apartment and the part about penalties for failure to leave.  Note that one of the penalties CAN be getting sued by the incoming tenant for their housing costs :)

I also included the procedure for getting back a maximum on their deposits ... and the timeline for expecting them.

3 - In the one instance where the tenant refused to leave, I promptly went to court and filed the appropriate paperwork ... they were not nly evicted, but they had to pay me the 2-month penalty the AZ law allows.

Answer 2

I'm 21 years old (I know you said keep it to landlords, lawyers, etc..) but my parents own MANY 2families/houses that they rent out. They've been doing it for about 9 years now.

After you give the tenant notice that you want her to move out, you wait until that day comes and if she does not move out you can either warn her again or have the court serve her with eviction papers. If she does not move out after served with the papers, the police (i think its the police) will go to the home at your request and escort her out.

Its SO different for all states. I'm in Connecticut. Call your local police department (non emergency of course) and ask them if they know what the proper steps for this are.

211 is an information number (much like 411). I dont know if this is all over the USA or just in my state. You can call this number and the operator will put you in contact with somebody who can help you with whatever information you're looking for.

Answer 3

Your state would be helpful, since laws vary from state to state. You cannot be given an exact answer without it.

Understand that you cannot force her out on the expiration date of the lease. Eviction is your only option.

Some may advise you to offer "cash for keys", essentially pay her to move out. Again, there is no guarantee that she will actually move and no way to get around te eviction process, so I would not bother.

You need to make sure that you give her proper written notice terminating the tenancy.

Check your state's landlord/tenant laws regarding holdover charges. Some states allow the landlord to collect double rent for a holdover tenant.

Check the lease. It may stte that the tenant is responsoble for court costs and attorney fees if you have to evict.

You need to have her served with the appropriate notice to quit for holding over and then begin the eviction process.

That said, do not sign a lease with, or promise the premises to, a new tenant until AFTER she has moved out or been evicted. Evictions take time - weeks to months, depending on the court & sheriff's schedules.

You may not be able to deliver the premises to the new tenant and may get sued for breaching the lease.

Answer 4

Okay. Make sure you talk to your tenant and tell them that they have to move out be a specific date, even if it was said in the contract. You are only able to incur a penalty if it is in the contract. Otherwise you can only get them thrown out by court. If they stay regardless, you can sue them for an extra months pay because they stayed that extra month

Answer 5

I know that many states allow the landlord to sue for up to 3 time the monthly rent for a holdover tenant.  You would need to check your local landlord/tenant laws to see if your in one of those states.

Answer 6

it depends on your lease.

fyi, read my article on this topic; from

associated content.com

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"Landlord Tenancy Law for Kids Seeking Their First Apartment."

[don't know what stalling means here]

Am available to help further if desired.