Re: Move-In Before Evicting Tenant - Landlord Forum thread

Re: Move-In Before Evicting Tenant by Anonymous on June 15, 2012 @12:31

If they stay beyond the expiration of the lease and you have given them proper notice that you do not wish to renew and they must vacate, the only legal thing you can do is go to court and have them evicted and a holdover.

If you push your way into the home while the tenant is still in possession, as in still living there, then you will probably find yourself in the back of a police car.

You cannot force your tenant to pay your moving costs or place anything into an escrow account for storage prior to anything happening, in exchange for lease extension and without a court judgement. Doubling the monthly rent may be in violation of your state's laws if they have anything on the books that regulates how much rent may be increased at any one time.

Your scenario only protects and serves your interests because you are getting someone else to pay your moving costs and making out double the rent. I think you are pushing to see what you can away with and really messed up the situation by being greedy because you didn't plan your living situation better. How about you offer your current landlord double the rent upfront to allow you to stay until your tenants move out?

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Re: Move-In Before Evicting Tenant by Anonymous on June 15, 2012 @13:42	[ Reply ]

While I disagree with your accusation that I am being "greedy," I respect the thought and effort you put into your response. To say my offer "only protects and serves [my] interests" and that I am "greedy because [I] didn't plan [my] living situation better" is rediculous. As I planned according to the schedule my tenants agreed to 45 days prior, I believe THEY should be responsible for ADDITIONAL expenses that result from their holdover. The solution I proposed would only cover SOME of the additional expense that I would incur and the deposit in escrow actually protects their interests (as I cannot access the funds without their consent or a judgement). Hopefully the following will clarify some of the issues you mention. 1) Double Rent (prorated daily) - Notice "prorated daily." While 200% increase may seem exorbitant, if they truly only want an extra few days, the rent is far less than the additional expense (and inconvenience) to have MY family stay in a hotel. The 200% increase is meant to provide them flexibility while maintaining the incentive to move quickly. 2) Escrow - By having the tenant place the money into an escrow account, WE are both protected. -I am protected because I know there is assets to cover the additional expenses. -Tenant is protected because the release of the money requires both HIS & MY agreement. Otherwise, a judge would determine what is fair disbursement. If the tenant has good intentions, there shouldn't be any worry about placing the money in escrow as it is still beyond my exclusive control. 3) My Moving Expenses - I do not see how you interpret that I am trying to have the tenant pay my moving expenses. As I have already paid a non-refundable ~$1500, I would be very happy if the tenant was out of the unit and I burdended the entire cost. However, THEY are the ones who are overstaying their lease and breaking the agreement, I think it is very reasonable and fair to assess the ADDITIONAL moving expenses to them. By placing the money in escrow, it protects them from not needing to try and collect from me, and it protects me from not needing to collect from them. Yet I can feel comfortable knowing that I won't get socked with an additional $1500 moving expense that I can't collect. 4) Offer Current Landlord Double Rent - I know I didn't mention this in my previous post, but I am the landlord at my current property. While I would love to pay myself double rent (prorated daily), I plan to honor my obligation to deliver the property to my future tenants as stated in the lease.