Tenant Getting Smart At Move Out?

Question

I have a tenant that gave a move out notice of April 16th and have new tenants moving in on the 1st and he has not cleaned the carpets or the place as stated in my contract. Also have in my contract the pest control is to be done upon move out and that has not been done. I am going over to meet the painter on Sat, morning and he said I will not paint anything because he is paid up until the end of the month. He finally moved all of his stuff out just yesterday on the 27 of April. I have a "Holdover" in my contract . Does this apply since he has paid for the whole month? It states that rents will increase by 25% over the then existing rent. His rent is $860 per month. I don't understand the Holdover. It also states in the contract that at our option we may extend the lease term for up to one month from the date of notice of the Lease Contract extension by delivering written notice to you or your dwelling while you continue to hold over. It also states that you will be liable to us for all rents for the full term of the previously signed Contract of a new resident who can't occupy because of the holdover. This is a TAA Lease. Could someone explain this to me and how & what can I charge him and how much if so. Been in this 49 years and have never had this happen.

Answer 1

1st you need to stop agreen with the tenant. A TAA lease is a simple and clear lease contract to follow.

If you give the tenant or if the give you a 30 days notice to move out on the 15. You don't take his money for the entire month. You just broke your agreement with him. The letter told you when they where moving all you have to do is get ready for the next tenant.

Not sure what you mean by The JP owns the property. I don't think it will be legal for a JP to be the defendant and the JP on the same case I may be wrong.



If you read your lease it states on paragraph 28



You or any occupant, invitee, or guest must not hold over beyond the date contained in your move-out notice or our notice to vacate (or beyond a different move-out date agreed to by the parties in writing). If a holdover occurs, then: (1) holdover rent is due in advance on a daily basis and may become delinquent without notice on demand; (3) rent for the holdover period will be increased by 25% over the then-existing rent, without notice; (3) you’ll be liable to us (subject to our mitigation duties) for all rent for the full term of the previously signed Lease Contract of a new resident who can’t occupy because of the hold over; and (4) at our option, we may extend the Lease Contract term—for up to one month from the date of notice of Lease Contract extension—by delivering written notice to you or your dwelling while you continue to hold over.



Have you mail a certified letter or post one letter inside the unit?

If you have an agent why is he giving you all this crap? Tell your agent to take the tenant to court and he ( your agent ) better win or else. Why pay someone if they are not looking after you interest.



Good luck

Answer 2

First off, WTF is a TAA. TAA has no legal definition, so what does it mean to you??



"Holdover" means staying beyond the date the lease terminates. He said he was moving out by the first, correct? And, he moved out well before the first, correct? That's not a holdover.



Now, if he was still occupying the unit on May 3, for instance, that's a holdover, in which case the additional month would be justified.



If you knew you were going to have the place painted, and the tenant was paid up until April 30, then why did you sign a lease for May 1 with new tenants? Is this what you've normally done for the past 49 years??? Leave no margin of error whatsoever? Sounds to me like you're going to need to either (1) negotiate with current tenant to allow painting over the weekend, or (2) negotiate with future tenant to push back the move in date to May 4 or 5.

Answer 3

If he's paid up until the end of the month then there's really nothing you can do. I'm assuming rent is due on the 1st.So if he paid rent on the 1st and it's a monthly lease then legally he has every right to stay in the house until the end of the month.





A holdover is when a tenant of real estate continues to occupy the premises without the owner's agreement after the original lease or rental agreement between the owner (landlord) and the tenant has expired. The tenant is responsible for payment of the monthly rental at the existing rate and terms, which the landlord may accept without admitting the legality of the occupancy. A holdover tenant is subject to a notice to quit (get out) and, if he/she does not leave, to a lawsuit for unlawful detainer.





If he has already moved his things out then you could offer to give him a portion of his monthly rent back if he would allow you to go in and get the place ready for the next person. Normally any nice tenant would allow you to go ahead with what you need to do but it doesn't sound like he's to nice of a guy. You'd lose some money but the place would be ready for the next tenant.

Answer 4

You can't have it both ways. If the tenant said he was going to be moving out by April 16, and you agreed with that, then you shouldn't have charged him a full month's rent, and the tenant is wrong when he says he has paid to the end of the month and you can't do anything. If, on the other hand, he actually said that he was going to be paying for the whole month of April, and merely vacating the place on the 16th, then he is right and this is your problem to settle with the new tenant moving in.



So, it all depends on whether you took the rent for the whole month of April. If you did, he is right that the place is his for the whole month. If he did not pay for all of April, you should have started the eviction process on the 17th, so that he would have been on notice that he was now a holdover tenant.

Answer 5

the mummy is faulty. in case you're already there for another reason, you have the spectacular to word and assertion on for sure seen issues/damages. deliver the tenant a authorized letter outlining what damages she is to blame for and the timeframe to be sure them. additionally state which you will touch her to study the paintings. As for the tree interior the lower back backyard (and ANY maintenance you're able to desire to make) they don't have the spectacular to disclaim you get right of entry to. You do, regardless of if, could desire to furnish a minimum of 24 hours word and to attempt to handle the tenant's time table. this would not supply her the spectacular to require the paintings be achieved on the weekend or at nighttime, nonetheless, considering that maximum contractors only paintings M-F. If she fails to attempt to handle the paintings, you have the spectacular to flow into to result maintenance. and you'll have a key to all locks. some states do no longer enable the owner to call for this, yet while they do no longer accommodate you, you have the spectacular to have a locksmith open any locks mandatory and can charge the fee lower back to her. If the mummy is, in actuality, residing there, you have the spectacular to furnish them word for her to vacate the premises or you will initiate the eviction technique.

Answer 6

FYI, the tenant can't deny you permission to paint. If you have given the required notice that the work was going to be done, it gets done whether they like it or not. You don't let the tenant tell you what you can do with your property.

Answer 7

Put a different lock on his door and don't let him in to move out his things until he gives you the money as stipulated in the contract. If he is a felon, don't do what I advised.