End of lease - Landlord Forum thread

End of lease by Anonymous on June 19, 2012 @11:17

My location is NY state. My tenants, whose lease expires June 30, told me at the beginning of this month that they will stay and sign a new lease. About 10 days later they told me they had a change of plans and will be moving out the end of this month. They have not paid me June's rent and asked if they could use their security for June's rent to which I replied they may not. Even though the lease expires June 30, do they still have to give me 30 days notice to, particularly since they first told me they were staying?

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Re: End of lease by The Dude (MN) on June 19, 2012 @11:22	[ Reply ]

Yes, they still need to give you 30 days. They can't change their minds last minute and leave you with a vacant place. They'll fight you on this because they'll say their lease ends June 30th, so they're free and clear. That's when it comes down to your lease. I'd hope you have a 30 day clause in there or other wording about the renewal or non-renewal at the end of the lease. The lease is really what it's going to come down to.

Re: End of lease

Re: End of lease by The Dude (MN) on June 19, 2012 @12:13	[ Reply ]

Yes, they still have to pay you June rent. You cannot use a security deposit for last month's rent. That's not how a security deposit works and depending on the state, it's illegal to use it for rent. I would tack on late fees for them not paying June yet, but that's just me.

Re: End of lease by Jake on June 19, 2012 @12:38	[ Reply ]

You need to act fast. First, post a Pay or Quit notice on your tenant's door and mail another by certified mail today or at least by tomorrow. The notice gives the tenant the option of paying immediately or moving immediately. Usually it is 3 days. Check your state law. As soon as the Pay or Quit notice expires, file immediately with an eviction action. It is important to do this now while you have an address to serve the papers to. When your tenants move they will evaporate and you will not be able to find them to serve the papers. An eviction is a serious matter for a tenant as it becomes a permanent part of his credit record. When you are in court you may ask for the rent due plus all cleaning, repairs and damages. Get going now.