Landlord Newsletter December 13, 2011

If your tenant wishes to vacate tenancy properly, it usually means giving you, the landlord written Notice to Vacate in a time-frame outlined by your lease agreement. Normally this allows the landlord enough time to prepare and find a new tenant for re-rental.

The usual steps a lease abiding tenant would take to terminate tenancy are:

1. Notify the landlord in writing within the proper number of days notice according to the lease. (Most leases require 30 days written notice before the last day of the last full month of occupancy, but many landlords require 60 or more days - In the absence of a written agreement, most states require a minimum of 30 days written notice.)
   Keep in mind that a tenant can only give a valid 30, 60 day or whatever notice during a Month to Month tenancy, unless that notice is coordinated with the expiration date of the lease.
   The LPA recommends having your tenants use the Tenant's Notice to Vacate Form found in our Free Forms area of this website. I give my tenants a copy of this form along with their copy of the lease agreement so they'll be able to give proper notice to vacate as agreed.
   
   
2. After notice is given to vacate, you can make arrangements with the tenants to show the rental to new prospective tenants.
   
   
3. About 2-3 weeks before the tenant's proposed move-out, it is a good idea to send the tenant a Moveout Reminder Letter which instructs the tenant how they are expected to return your rental property to you and where to return the keys in order to get a security refund.
   
   
4. The Moveout Cleanup & Debris Letter is another reminder letter I like to send. Over the years I have found a definite difference in the way people will leave a rental property when I use this form. Use it. It can only help.
   
   
5. Inspecting the Rental for Damages: As much as the tenants may want to do a "walk through" with you to confirm that they will get the deposit back, DON'T until after they have moved out. And then do it without the tenants present. There are many reasons I say this.
   • Most damages are found after the tenant leaves
   • In fairness to the landlord, you can not make a full careful list of security deductions with the tenant watching. It takes time to do a good inspection
   • Avoid a confrontation that may cause more damage from a disgruntled tenant at move-out. Let them go out smoothly. Then you are in better control over their refund.

As far as inspecting the property and calculating a refund with your Property Condition Report and Security Settlement Statement, and handling tenants after they leave, please see my article, What Do I Do when the tenant has moved?

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Tenant's Notice of Intention to Vacate
When executing a new lease, remember to staple an Intention to Vacate form on the back of the tenant's lease. Reminding the tenant to give proper notice and proper move-out procedure can make your life a lot easier when it's time to start looking for a new tenant.

Ask the Attorney

The Landlord Protection Agency® presents John Reno, Esq., a highly experienced Landlord - Tenant attorney based on Long Island, NY.

John Reno also does Mortgage Loan Modifications (Nationwide).
(Mention The LPA for a 10% discount!)

Dear Mr. Reno:
I have a commercial warehouse in Skokie, Ill. I have served my tenant with a summons for lack of payment of rent. However, we have found out that he has illegally sublet part of the property to two other people. What do I need to do to get the illegally subletters out of the building?
I appreciate your time in this matter.
Ken P., IL

A: When you start the court case, you have to list the subletters as subtenants. If you don't know their names, you list them as John Doe #1 & John Doe #2, etc.

If you have a landlord tenant problem you'd like to ask a question about, please feel free to e-mail me your question.
Submit a landlord / tenant question for Mr. Reno
Please try to keep your questions as short and to the point as possible.

Read more from John Reno, Eviction Attorney

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Tenant Excuses

"I know behind, but I’m still fighting for my social security disability. I do have $500 for you now, I’ll drop it off after my softball game."
He was $3500 behind and fighting for disability due to a neck injury. He also played shortstop for a local bar's softball team. - Paula B Yonkers, NY

"We only hope that you will be a little easy on the reference as that may hinder our ability to move on."
Yeah, right. I'm not lying to the next poor fool just to get you out. I'm sure you can find some hole to crawl into even without a good reference. - Nikki Goodson, Kansas City, MO

"I have the money. I just can't give it to you yet."
- What the hell is that supposed to mean? These people are a riot. They got their eviction notice the next day. - Robert, FL

"I dropped off the check on the 5th. Maybe it was stolen from your mailbox. I'll be by in a couple of days with a new check."
Yeah right. The old 'I dropped it off on the 5th' excuse. (I have a locking mailbox- she can't explain why it wasn't there. Maybe because she is lying? In the last 2 years she has never paid before the 9th. It is always a challenge to get the rent from this one. - Mary D., NY

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