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Excuses!

Help please - selling house by Dan on May 14, 2019 @17:52

                              
I have a situation where the tenant is trying to stay 6 more days after the agreed upon move out date of 5/31. We are trying to sell the house, but she has turned very uncooperative. I can't list or show the house because she might sabotage the showing. 6-days may sound petty, but she is now threatening with lawyers. Here's the situation:

1. Called her in March 2019 to tell her we are selling the house after her lease in June 30, 2019.
2. She panicked and found a new place within the week. She gave me a 30-day notice to move-out on 4/30, which I accepted.
3. I made arrangements with realtor to put house on the market 5/1.
4. Tenant's new place fell through mid April. I agreed to extend her stay until 5/30 to find a new place. I put off selling the house.
5. Seller now is asking to move out 6/6 because that's when she can move in. I asked to see if she signed a lease in case she is just trying to stall, which she can't provide and got really defensive. I'm afraid giving her 6 days will turn to 10 days, then another 10 days. I never received a reference call from "other landlord".

What can I do to make sure that she is out by 5/31? (Annual lease has been terminated with 30-day move-out notice.)

Can I charge her 2x or 3x the daily rate for each day after 5/31? ($1,600/month)

I really just want to be done with this situation, but don't want to be taken advantage of. Thank you for your help.
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Re: Help please - selling house by Garry on May 15, 2019 @14:39 [ Reply ]
Do you have it in writing from your tenant that she will be out by May 31? Has she paid you May's rent? At this point, you don't want to make her mad, as she could leave you with a bunch of damage and cleanup costs if you try to force her out. If she needs to have an extra week in June before she can move, give it to her.

Put it in writing (and send regular and certified mail) that you will not charge her any rent for June if she gives you the keys back on June 7, and leaves the place clean, with no damages. But if no keys back by June 8, the entire rent for June will be immediately due. Then give her a 3 day notice to pay rent or move, on the 8th. Do not do anything with the Realtor, until you have possession back, and have the property totally ready to show. Remember, SHE is in control of the situation right now, not you. If you don't want to spend more money, and possibly several weeks trying to get her out thru the court system, treat her with kid-gloves till she's out.

By the way, your original lease with her was going to be up June 30, and you were expecting her out by then. So if you can get her out 3 weeks before that, you are still ahead of your original plan/schedule.
Re: Help please - selling house by Daniel (CA) on May 15, 2019 @16:29 [ Reply ]
which state?

You must start eviction proceedings or the situation can snowball.

you cannot charge 2X 3X because the only thing you can do is evict to get what you need: get her out.

In California, the judges could consider your permission to stay over the 4/30 date as a cancellation of the notice to move out.

Is there an LPA form that addresses the stay over?

In California , I would have the tenant signs a settlement stipulation that she is a holdover tenant past her tenancy expiration date of 4/30.
and that she agrees to prepay for the dates per month.

if you have nothing in writing with the tenant that you allowed her to stay past the 4/30, then I would go straight to eviction. for staying past her notice to vacate time period. the judge will be more sympathetic to the landlord if the tenant is violating their own notice to vacate instead of a landlord based notice to move out.

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