Tenant Did Not Move Out
by Joe Trometer
I opted not to renew the month to month lease and gave my tenant thirty days to move out.
The tenant was upset about my asking them to vacate,
wanted to know why I was evicting them,
said they would change to comply to any complaints,
and wanted to stay.
The tenant did pay rent on-time, every-time for over two years, but there were problems.
Enough Is Enough!
The tenant was given ample warnings to comply to the right of peace and quite for their neighbors.
After a warning, the tenant would be on their best behavior for a few weeks and then the noise, parties, and excess late night traffic would resume.
As discussed with the tenant, the behavior would not be a problem if they owned their own home.
However, residing in a duplex, plus neighboring rental units on the property, caused discomfort to the other renting residence.
As a hard-working landlord, I act swiftly on complaints and disruptive behavior of the tenants.
It's Above and Beyond the Call of Duty to be the Peace Maker!
However, to maintain a my rental units over the long term into retirement, and to minimize damage to the rental buildings from excess traffic and parties, I was within my rights as a landlord to not renew the lease and ask the tenant to move out peacefully.
The Tenant Did Not Move Out.
At the end of the thirty day notice to vacate, the tenant was unable to move out. They gave many reasons about not being able to find another place to rent, not being able to get anyone to help them pack and move, and a variety of excuses about the inconvenience of moving.
The tenant was persistent about my allowing them to continue to rent from me. I believe that their stalling and procrastinating was a tactic for me to give in and let them stay.
Continued Tenancy Was Not An Option!
I had two choices:
The Hard-Nosed LandlordOption one:
- Turn the eviction over to my Attorney for immediate eviction.
- Allow the tenant a thirty day extension to vacate with rent paid in advance.
Taking legal action is expensive and can cause retribution or retaliation. To evict, I would have to reject rent payment, pay the Attorney and Court fees, and risk having a disgruntled tenant that could seek revenge.Option two:
Allow the tenant to rent for an additional month to give them time to adjust to the change and shock of being evicted.
I chose option two and renewed their rental agreement for one additional month.Get It In Writing!
The tenant signed a letter stating they would move out at the end of the additional month allowed.
They paid the Rent for their last month on time and did not try to use the security deposit as last months rent.
There was evidence of packing their belongings. Excess garbage in the dumpster and cleaning was also a sign of moving.
As a landlord, I do not want to cause hardship or excess stress to a tenant by asking them to leave.More Importantly:
As a landlord, peace of mind, and being in control of my rental units is priority one!
JoeWhat do you think?
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