Author Topic: Tenant overstaying lease by 1 week  (Read 3773 times)

mozar

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Tenant overstaying lease by 1 week
« on: August 01, 2017, 09:34:11 AM »
My tenants lease was up July 31st and he told me that he would be staying until the 7th because that's when his new lease starts. He hasn't offered to pay for the 6 days. Technically he's not late on rent until the 3rd. Should I say hey, can you send me some money for the week so I don't have to send $150 to collections? What would you say?

ixtap

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Re: Tenant overstaying lease by 1 week
« Reply #1 on: August 01, 2017, 09:44:08 AM »
Inform him of the prorrated week's rent.

EarthSurfer

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Re: Tenant overstaying lease by 1 week
« Reply #2 on: August 01, 2017, 09:54:39 AM »
mozar,

You will need to:

1. Review the lease. If you used a good standard form lease designed for your area, this situation should be well described. My leases have a clear $$$ per day rate for staying past the end of the lease or staying past the last day given in the 30 day notice.

2. State and local law will govern the allowable charges. In most cases you can assess the partial month against the security deposit if an explicit fee isn't detailed in the lease.

Be sure to clearly document the move out date by keeping copies of all written communication. Require all changes in move out dates to be in some form of verifiable communication. Written and signed is preferable, but email and screen shots of text messages should suffice.

I have had wonderful tenants, and have never had a move out issue that wasn't resolved well in advance. I would be hesitant to pursue a small rental deficit. Attorney fees could eat up any expected gain of the former tenant decided to challenge anything.

frugaliknowit

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Re: Tenant overstaying lease by 1 week
« Reply #3 on: August 01, 2017, 10:08:08 AM »
Charge him for it.  If he hassles you, document everything and take it out of his deposit.

mozar

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Re: Tenant overstaying lease by 1 week
« Reply #4 on: August 01, 2017, 10:11:47 AM »
Thanks for the advice so far. I didn't expect such fast responses.

CNM

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Re: Tenant overstaying lease by 1 week
« Reply #5 on: August 01, 2017, 10:25:00 AM »
Charge him the week's rent.  If I were in the renter's position, I would expect to pay for that extra time.  If the renter doesn't pay up, you can then decide whether you want to take the $ out of his deposit or write it off.

WoodStache

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Re: Tenant overstaying lease by 1 week
« Reply #6 on: August 01, 2017, 10:26:39 AM »
Charge him for it. No freaking way I'd chalk it up to the cost of doing business.

You said he hasn't offered to pay - has he said he isn't or has he just not mentioned it? You need to let him know asap that the prorated rent amount is $X per day. If he says no you can serve him in small claims after he leaves on the 7th and you change the locks. No risk of damage to the property and you'll still get your money.

iris lily

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Re: Tenant overstaying lease by 1 week
« Reply #7 on: August 01, 2017, 10:37:52 AM »
My tenants lease was up July 31st and he told me that he would be staying until the 7th because that's when his new lease starts. He hasn't offered to pay for the 6 days. Technically he's not late on rent until the 3rd. Should I say hey, can you send me some money for the week so I don't have to send $150 to collections? What would you say?
ohhhhhh.
Hey, you arent in California, are you? I hope?

mozar

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Re: Tenant overstaying lease by 1 week
« Reply #8 on: August 01, 2017, 10:38:51 AM »
Well because of you all this turned out ok. I was envisioning started eviction proceedings, calling the cops, etc (not allowed to change the locks unfortunately). I needed some calm language. He has entitlement issues so I needed some help talking to him firmly. I informed him of the prorated rent and he wrote back and said OK! I will also do things better in the future to try to avoid these kinds of issues.

Quote
Hey, you arent in California, are you? I hope?
Maryland

beltim

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Re: Tenant overstaying lease by 1 week
« Reply #9 on: August 01, 2017, 10:54:57 AM »
Well because of you all this turned out ok. I was envisioning started eviction proceedings, calling the cops, etc (not allowed to change the locks unfortunately). I needed some calm language. He has entitlement issues so I needed some help talking to him firmly. I informed him of the prorated rent and he wrote back and said OK! I will also do things better in the future to try to avoid these kinds of issues.

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Hey, you arent in California, are you? I hope?
Maryland

Glad to hear it's working out fine.  You definitely want this sort of situation to be in a lease in the future - every time I've signed a lease I knew whether it would automatically renew for a year or convert to month-to-month.

PoutineLover

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Re: Tenant overstaying lease by 1 week
« Reply #10 on: August 01, 2017, 11:02:40 AM »
This would be a big problem if you had new tenants moving in on the first. I can't imagine just telling my landlord oh btw I'm not moving out when my lease is up.. especially the day after the lease was supposed to be finished.

mozar

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Re: Tenant overstaying lease by 1 week
« Reply #11 on: August 01, 2017, 11:31:11 AM »
Quote
This would be a big problem if you had new tenants moving in on the first. I can't imagine just telling my landlord oh btw I'm not moving out when my lease is up.. especially the day after the lease was supposed to be finished.

Yeah, entitlement issues...he said he tried to contact me and his texts mysteriously didn't go through.

Goldielocks

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Re: Tenant overstaying lease by 1 week
« Reply #12 on: August 02, 2017, 02:18:00 PM »
Well because of you all this turned out ok. I was envisioning started eviction proceedings, calling the cops, etc (not allowed to change the locks unfortunately). I needed some calm language. He has entitlement issues so I needed some help talking to him firmly. I informed him of the prorated rent and he wrote back and said OK! I will also do things better in the future to try to avoid these kinds of issues.

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Hey, you arent in California, are you? I hope?
Maryland

If it means that you have trouble getting a new tenant for the mid-month, you could also consider charging him for 2 weeks or even another month.  (and he can stay until the two weeks or month is over)...    You should not be out money because of a decision of his.

Note -- I may make the extension for only 28 days max, so it has a chance of not falling under other tenancy / residential laws, but becomes a week to week short term rental...