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Tenant wants to move out AFTER the 3 day notice - Landlord Forum thread 230798







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Tenant wants to move out AFTER the 3 day notice by Heather Lee (CA) on August 10, 2011 @12:21

                              
I served my tenant with a 30 day notice (month to month lease) then a 3 day notice to pay or quit when he didn't pay rent. He tells me he needs the rent money to find another place and I can just deduct the rent he owes me from the security deposit (okay by me).

I COULD start eviction proceedings, but that will cost me about $300 to file and serve him and it will take 2 weeks to get in front of a judge. By that time, he will be out (so he says). Do I spend the time and money to start an unlawful detainer action, or do I demand to see a copy of the lease agreement he signed elsewhere so I know he will actually leave? Or neither?
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Re: Tenant wants to move out AFTER the 3 day notice by Melanie (CA) on August 10, 2011 @12:40 [ Reply ]
Never ever EVER allow a tenant to dictate the uses of the security deposit. You gave him the 3 day pay or quit - he did neither. Now, put on your big girl panties, go down to the courthouse and file for eviction. Talk is cheap and your tenant is telling you what you want to hear, meanwhile you have NO rent. Call his bluff and start eviction proceedings. California makes it very easy to evict for no rent and the sooner you get the ball rolling, the sooner he will either pay or truly leave.
Re: Tenant wants to move out AFTER the 3 day notice by Eric (MN) on August 10, 2011 @13:58 [ Reply ]
How soon can he leave? If it's just another day, don't worry about it. If it's the entire 30 days, then you may have an issue. Especially if he really doesn't move. he should have something, even $100, if he wants to stay longer than the 3 days.

Confirm he is moving. See the lease or holding fee. Other landlords may be calling you too. Get something signed by him that he owes the money. He should be packing.

The last month is the riskiest for a landlord. The deposit only goes so far. Sometimes you can squeeze a bit out of the tenant, plus get a more aggreeable turnover, with a bit of negotiation. Every tenants is different, if you know your tenant, you should know what to expect him to do.

If he offers nothing, and wants to stay the entire 30 days, evict. In MN, it's $600 to evict. More if they refuse to leave.
Re: Tenant wants to move out AFTER the 3 day notice by Heather Lee (CA) on August 10, 2011 @14:26 [ Reply ]
EDIT: forgot to mention, he wants to stay until the 20th, so 10 days after the expiration of the notice
Re: Tenant wants to move out AFTER the 3 day notice by Katiekate (New York) on August 10, 2011 @15:05 [ Reply ]
Yep...go file in court for the eviction proceeding.

If you don't... you will end up with no rent for August.
And come Sept....you will still have to go and file for the eviction proceeding.

He owes for the whole month of August.
AND.. he owes for your legal costs.

If you play his game...he will continue to live free as long you you are a willing part of HIS GAME. You are the landlord...go evict him
Re: Tenant wants to move out AFTER the 3 day notice by Anonymous on August 10, 2011 @17:46 [ Reply ]
What the others said, but here's a couple of other options.

First, what your tenant is playing is a typical game to delay eviction. The longer you wait the longer they can live free.

I personally have cut and dried policies so I don't have to get emotionally involved. Rent due on 1st, 3 day on 2nd, file eviction on 5th. There can be some leeway with a cooperative tenant who is making obvious moving efforts - and we will help them.

In your case if he has a lease (and you verify by driving over there and checking - I can print you a lease in 30 seconds...) then "maybe" take a chance if everything is otherwise amicable AND he agrees to make up your rent loss over time.

Suggest you explain to him that you are going to file eviction. This will cost you money and ruin his credit and leave him with a judgment that you WILL collect on.

Then offer to help him move his stuff into a nearby storage facility and he can stay in a motel or with friends until his new place is ready. If you have to offer to pay for a week at the motel. Also, many storage units have the first month for $1 so you let him sign up, you pay the $1 wish him well.

The main thing is to get him out without damage.
Re: Tenant wants to move out AFTER the 3 day noti by Jake on August 10, 2011 @18:03 [ Reply ]
I do not think you have the big picture. You are dealing with an experienced deadbeat. He is using your rent money to pay another landlord. When he uses up his deposit money or more, he will leave you will all the clean up, damages and repairs to pay out of your own pocket...because your rent and deposit went to another landlord. Will this guy move this month or next? Why should he move while he is getting fee rent? As of this date you are furnishing your tenant free rent. You need to spend the money and file for an eviction and get rid of this deadbeat.
Re: Tenant wants to move out AFTER the 3 day notice by Anonymous on August 10, 2011 @18:59 [ Reply ]
Tell him to sell his laptop or cell phone pay you rent for 10 days and be out on time.
Re: Tenant wants to move out AFTER the 3 day notice by will OH on August 11, 2011 @11:33 [ Reply ]
Using YOUR money to pay someone else?

Telling YOU how to use his sec dep $?

He is not looking for a place. He is a well practiced deadbeat. He will stay as long as you delay eviction which you need to file the second your 3 day expires.
and another thing.... by will OH on August 11, 2011 @11:35 [ Reply ]
You are in charge.

He is not.

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