Move Out and Move On: What if the Tenant Refuses to Leave?

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Sooner or later, a lease ends, and the tenant will have to move out. Some tenants will renew their lease, while others will not. You might think that after it ends, you will not encounter any problems. Problems can still arise after the end of the lease.

Security deposit issues is one of the most common problems you will encounter after a tenancy ends. But what if your tenant did not move out after the supposed date? Can you still evict them? These are questions you should ask yourself, but don’t worry because we will give you answers.

How long is the tenant allowed to stay after the lease ends?

You might encounter a tenant who refuses to leave the property after their lease has expired. They are called holdover tenants. Dealing with holdover tenants will depend on your location. I suggest you check your state laws for the specific process on this.

How can you avoid holdover tenants?

The best way to avoid holdover tenants is to remind them at least two months before their lease expires. It will be an opportunity for you to ask them if they would like to renew their lease or move out of the property. If they decide to move out, you can start preparing to fill in a vacancy.

As much as possible, landlords would not want to evict tenants because it is too stressful even for them. That is why a thorough tenant screening procedure can help you choose reliable tenants that would not give you any reason to go through an eviction. However, also remember that several unexpected circumstances can result in a tenant’s failure to stick to your agreement. You have to be considerate sometimes.

What should you do with holdover tenants?

There are two options in dealing with these tenants. If you consider them as good tenants and are generally reliable, you can offer to let them sign a new lease agreement. They would continue living in the property while you continue to collect rent.

If you prefer to have new tenants because the holdover tenants are irresponsible and are always late in paying, you can declare them as trespassers and evict them. If you have decided on this, you should not accept any rent from them. Once you receive their payment, you will lose your right to evict them.

What should you do with the mail from previous tenants?

Most likely, you will have no forwarding address to your tenants unless they leave you with one. If they don’t, you are still in no position to open it or throw it away.

One thing that you can do is to label ”Return to Sender” in every mail you receive. It will be the sender’s responsibility to contact the previous tenants and update their mailing address. The USPS puts on a barcode on every mail so you can cross that out to avoid getting it back.

Other notices can be post-it notes saying that the addressee is no longer staying at the property and that they should not send mail at that address anymore. You can also update the list of persons living in your rental using the form from your local post office.

How can you collect unpaid rent?

Unpaid rent can mean a financial loss for you, so you would not want that to happen. It may take a bit of an effort to get the unpaid rent from your former tenants, but it is not impossible. Be sure to keep a record of the payments they made and the ones they missed. If the security deposit you collected from them is enough to cover their unpaid rent, then you can make deductions from the fund to fix the problem.

Before resorting to extreme measures, you can try negotiating with your former tenants. You might be able to come up with an agreement that will benefit both parties. Once you settle this, have it written down and notarized to make it legal.

If you do not have the time to talk with them or file in the small claims court, you can hire a collection agency to do the job for you. They will charge you with fees, but they will also lessen your burden. 

Once you get through these issues, you can start moving on with new tenants. Once your unit is ready to welcome new tenants, publish your listing on Padleads then syndicate it to popular websites and attract more applicants. You will have new renters in no time.

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