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Tenant staying past lease termination and notice
by AnneMarie
on March 24, 2019 @11:54
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I have a tenant that won’t leave or pay rent. Lease ended on the 15th of March. We have gone through the proper steps of filing with the courts and the proper notice but I’m wondering about additional payment after the agreement is no longer in affect. I had read on another forum that you could charge by the day since the previous rent amount is no longer in affect. I was wondering if others could tell me if this is right and I can in fact charge her by the days past the agreement
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Re: Tenant staying past lease termination and notice
by evan
on March 24, 2019 @13:43
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Anne,
Let me preface with I am still pretty new at all of this so my information may not be completely correct but I hope it is helpful. A lot of states have laws or rules in place that upon the expiration of a lease, it reverts to a month-to-month basis unless otherwise stated in the lease agreement; I'm not sure how this changes with eviction proceedings. You can also charge applicable and accumulative late fees with interest somewhere in the tune of 18% but differs by state. A Google search of Landlord Tenant Laws per the state in which your rental property is in should provide a lot of good information. Good Luck!
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Re: Tenant staying past lease termination and notice
by Garry
on March 24, 2019 @17:07
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Yes, you can charge rent by the day, up to the day the T moves out (or is forced out thru the eviction process). If you were charging $900/mo, that is $30/day, times how many days they stayed in your unit that they did not pay you rent for. But that is down the road a-ways. You probably can charge them for any costs of filing papers thru the court system, too.
But charging for all kinds of costs are one thing. COLLECTING is another. You will still have to send a sec.dep. statement to them once they are gone. They could easily owe you a LOT more than their deposit covers. Then you will need to decide if it's worth it to go to court again to win a money judgement against them for what they still owe you. Once you do, and you win, then it's up to you to try to collect on that judgement. The court system does not help you with that. It's again up to you to find them, and garnish their savings or checking accounts, or their wages IF the have a job.
For me, it has not been worth it to chase down people after they are gone and take them to court. I take my losses, cleanup and repair my places, and get new Ts again.
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Re: Tenant staying past lease termination and notice
by June
on March 26, 2019 @12:04
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Have you considered putting in a lease clause for HOLDOVER? You might like $200.00 per day for Holding Over after move out day. Too late for this current problem. Read your Lease carefully, here may be something in it that might help you. All the best to you. It's a nasty problem.
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