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Tenant refuses to move out by Audrey (Michigan) on March 5, 2012 @08:54

I have a tenant that refuses to move out. Her lease end April 23rd... After my 60 day notice- the problem
Iis the following: I verbally agreed to sign the lease but she refused to meet with me to sign the lease. She has become abusive and just mean about any dealings with the condo and refuses to move out.
She hired an attorney because she does not want to move out!
Can she force me to renew the lease if i don't want to- we don't have any signed all verbal communication.
Thank you
[ Reply ] [ Return to forum ]

Re: Tenant refuses to move out by Jake on March 5, 2012 @09:22 [ Reply ]
You have given notice. That's good. When the time comes, file for an eviction of your tenant as a holdover. You will not need a lawyer. Pick up the forms at the courthouse. An eviction is a permanent mark on a tenant's credit that will prevent them from renting in the future or making major purchases that require a decent credit rating. Maybe your tenant knows this and maybe not. Once you have filed for the eviction, keep the process going even if the tenant moves out. Under no circumstances should you take any rent after your lease expires and you have filed. Make sure all communication is done through receipted, certified mail. Forget about the verbal agreement to sign a new lease. That opportunity for your tenant has come and gone. If it comes up, simply tell your tenant that a new lease is no longer being offered. The fact that your tenant has a lawyer will not prevent you from being evicted. Although it may drag it out a little. But the tenant can not prevail. Just out of curiosity, may I ask why you are not renewing the lease.
Re: Tenant refuses to move out by Katiekate (New York) on March 5, 2012 @09:38 [ Reply ]
It is the oldest trick in the book.... claim to have hire an attorney and you will sue. This is to scare you into doing what she wants. I will bet you that if she hired an attorney (which I doubt) the attorney told her to get moved by the move out date.

I would send a letter (certified) reminding her of the move out date.. make a couple suggestions for clean up that will help her get her deposit back, and pointing out that failing to move means you would have to file for eviction. Explain that eviction would be on her background history forever..making it very hard to ever rent a decent place again. Make the letter in the tone of are being helpful to her. But..make it clear she will move.

Like Jake says..if she doesn't move on do not need to post a 'cure or move' can go directly to the court and file for a writ of possession on 'hold over'.
Re: Tenant refuses to move out by Anonymous on March 5, 2012 @19:04 [ Reply ]
Have procedures for everything. Mine is like this. We give notice of non-renewal at 30-60 days. Along with this we give them a clean-up sheet with a supply list and a checklist to do if they want their deposit back. Along with a fresh copy of our cleaning cost sheet reminding them it costs a LOT more if we do it. Also a copy of their right to deposit accounting and inspection.

About the 15th we stop by and check on progress and give them a new checklist set to replace the first one they already lost. If we haven't seen substantial move out progress by the last week we make contact and try to determine what's up - and remind them that others/contractors, whatever, are waiting for the property and their failure to move will be a huge cost against them that will damage their credit, etc.

Still no action - on the morning of the 1st we are first in line at court, by the time the tenant is up for their first can of beer we are at the door with a summons. We do not waste one single second. Regarding service, I will sit on them in teams around the clock if necessary until we track them down and serve, so we can make our 5 day court date.

In court we will get judgment as they are holdover, and in 5 more days a lockout. Total time in a perfect world 17 days. In our state if the tenant wants to fight they have to put all funds on deposit with the court. This will never happen.

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