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delinquent vaating - Landlord Forum thread 357011

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delinquent vaating by Greg (Nevada) on April 30, 2018 @00:07

My tenants were given proper notice to vacate (30 days). The property was listed for sale. They did not vacate in a timely manner which affected the ability to prepare the property for sale and get it in condition to sell. They vacated 30 days after their deadline to move out. They did pay rent for those days. However, do I have any recourse to deduct a penalty from their security deposit for over staying their legal right? If so how do I determine the amount?
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Re: delinquent vaating by Garry (Iowa) on April 30, 2018 @09:48 [ Reply ]
NO, you have no recourse. You accepted rent for the extra days they were supposed to be out. When you did that, you accepted the fact they could remain in the property another 30 days. Had you NOT accepted any rent, and started eviction procedures to evict them as hold-over tenants, THEN you could deduct ACTUAL costs to remove them. And IF you could somehow prove you lost a sale in that same 30 days, then you could possibly deduct "something", for that "loss", but that's extremely hard to prove. They are out NOW, so do whatever you were going to do 30 days ago, and forget trying to "penalize" them.
Re: delinquent vaating by Anonymous on April 30, 2018 @13:10 [ Reply ]
Stop playing the victim. Go sell the house already.

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