Tenant has changed time-frame for leaving apartment? What to do.?

Question

Our present tenant gave us a 30 day notice approximately 21 days ago. We expected her to leave next weekend. We have found new tenants who have paid their upcoming August rent, etc. and have even changed their mailing address as of the 1st. However, we spoke to our tenant and she has apparently changed her plans and says she may not be out until the middle of August. I guess she felt it was none of our business that her plans have changed. Now we are taking the chance of losing the new tenants because they planned for this place on the first and the old tenant will only be staying 2 weeks into August!! Since she has given her notice, can we demand she leave on the first?? We have only been landlord for about a year now and we have run into so many different situations. Even if she sits in the apartment for those 2 weeks it would take longer than that to get eviction papers. But we don't want to lose the new tenants. Maybe we need to say..."You are out by the first!!"

Answer 1

Other than telling the tenant that she must leave, you'll have to go to small claims to have the sheriff remove her from the property.

Since the tenant terminated the original agreement, you can dictate the terms of the two-week agreement.  Notify the tenant that the daily rental rate doubles in August 1.  However, your state law may require you to provide 30-days notice of rent increase.

If the current tenant still doesn't move-out, you need to notify the applicants and refund their money if you can't provide the unit on the agreed date.  Never sign a lease or take prepaid rent without having possession of the unit.  Use deposits instead to reserve a unit.

Answer 2

There is no legal way for you to force her out by the end of the month. She has the right to be evicted through the courts.

The only way to do so would be via eviction, which would take loner than two weeks. Sometimes the threat of an eviction will change a decent tenant's mind - if they care about being able to rent in the future.

Here's the thing. She is month to month by default now. She is liable for the full month of August's rent. Deduct the extra 2 weeks rent from her deposit if you cannot find someone to move in mid month.

Check your state's laws regarding holdovers. Some states allow the landlord to charge double rent if the tenant holds over without the landlord's permission.

Did the new tenants sign a lease? You may be in trouble if you cannot provide the apartment on the move in date per the lease.

If no lease is signed, return the new tenant's money ASAP.

Answer 3

You have a signed lease for the premises based on the current tenant's promise to vacate by a certain date. She can't simply change her mind without telling you, or you can hold her liable for the monetary damages you will suffer as a result of losing the new tenant.