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Re: non-renewal of lease - Landlord Forum thread 337784

Re: non-renewal of lease by John Brayton (Massachusetts) on August 1, 2015 @09:49

                              
I am unclear about when the lease ends and when the tenant was going to leave.

If there is no written agreement that the tenant leave before the lease ends, then you are probably stuck with the tenant until the lease ends.

Now that your existing tenant has had a day or two to cool down, I would try to talk to the tenant. If the tenant gives you any difficulty whatsoever, then I think you need to notify your new tenant right now that the place will not be ready for the move-in date. Refund any deposits, and even their application fees.

You know that the process of getting the family out has potential to be troublesome. Based on that, follow G's advice and don't even try showing the place until the current tenant is out.

I might be inclined to consult an attorney now as to how to best go about removing the current tenant.

John
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Re: non-renewal of lease by Anonymous on August 1, 2015 @16:40 [ Reply ]
I gave her the non-renewal 30 days before her lease ended.
She has a lease until August 31, I just don't want to renew it. She was the one who needed to find something cheaper, so I told her she could break the lease as long as I could show the house. Now, she wants to stay, still can't afford it though. I was questioning as to whether a tenant could refuse to leave after their lease expires and they have received written notice 30 days prior of the non-renewal. I thought it was a simple question, didn't ask about my rugs being cleaned.
    Re: non-renewal of lease by Garry (Iowa) on August 1, 2015 @19:42 [ Reply ]
    Yes, any tenant can refuse to move, even after they have received legal notice of non-renewal. She has your notice. Now all you can do is wait til Aug 31, to see if she does move out. Do not contact her til Aug 30 , and then only to ask when you can meet her the next day to get the keys back, and a forwarding address as to where to send the security deposit settlement statement. If she is not going to be out by Sept.1, simply explain the next step in the eviction process as a holdover tenant to her, and then stop talking to her. Do not get into any arguments with her, and do not threaten her in any way. Check 1 more time on Sept. 1 to see if she is out. And if she is still there, go file your eviction papers on her, and follow the process til she IS out.
    Re: non-renewal of lease by NCNewbie (NC) on August 3, 2015 @14:44 [ Reply ]
    I don't know if this will help or is valid in your situation.... so take it with a grain of salt.

    I had a tenant who was threatening to be a holdover into the winter months and I absolutely did not want that. I had given her an extension of 30 days already and thought that was already generous as it put me in precarious position as far as renting out to parents with school age children. So when I sent her the notice to vacate/non-renewal, I included verbiage from the LL/Tenant Laws (this is in NJ)stating that any days over the lease would be $ double the rent (and included the actual amount that would be in parentheses). Granted, receiving that letter pissed her off, but she left on time and left the place pristine. I think knowing that the law was not on her side and was going to be quite costly was an incentive for her to get out on time.

    My point being, maybe you can look up the laws in your state and send the appropriate paragraphs to your tenant regarding holdovers?
Re: non-renewal of lease by Anonymous on August 1, 2015 @16:41 [ Reply ]
I gave her the non-renewal 30 days before her lease ended.
She has a lease until August 31, I just don't want to renew it. She was the one who needed to find something cheaper, so I told her she could break the lease as long as I could show the house. Now, she wants to stay, still can't afford it though. I was questioning as to whether a tenant could refuse to leave after their lease expires and they have received written notice 30 days prior of the non-renewal. I thought it was a simple question, didn't ask about my rugs being cleaned.

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