'Tenant Lease Expired And Won't Leave'
Asked Jul 16, 2007, 12:17 PM
Hi, (Sorry for a second post - Profile stated No questions recorded at log-in)
I want to make sure I am doing things right during an eviction and during future court date. Everything I state below, can be validated in writing from communication between current tenant and myself.
Tenant informed me, 46 days in advance, that she was not renewing year lease (in writing).
We agreed that I would show house to prospective renters during the remainder time, before lease expires. During that time, power was cut-off owed to tenant lack of payment and rent was late ("in the mail").
Owed to non-payment of rent, two months prior to lease expire (5 day notice issued), and power being cut-off at same time, I was getting a little nervous.
Power was restored two and a half week latter. But no rent was paid for that month, two months before lease expired.
I identified a renter (showing house with flashlight). I then validated lease expire date, account change-over regarding utilities, and permission to enter to clean carpets with current tenant.
On the 42nd day, four days before lease expire and new tenant (out of town move) was to move in, current tenant stated having problems moving out.
She stated that new landlord needed time to fix-up rental and needed a few days beyond the "first of month".
Tenant then asked me if she could pay new tenant for extra days to move out. We could not comply with request owed to new tenant(s) (he/she) terminating previous leases, new tenants children (3), and exotic fish collection.
Also, new tenant starting new job two days latter. Again, new tenant from out of town.
Current tenant stated that she would get back to me. Two days before lease expires, tenant states that she cannot move and refuses to move.
New tenant(s) came to town (at least for new job) and I put them up in extended stay hotel. Current tenant did advise previously, that she would need a few days more.
I did receive that previous months rent (two months prior), 40 plus days latter, after 5 day notice. However, I issued another 5-day notice for the last month of lease before it expired owed to non-payment... no payment as of this date 30 days latter.
Security deposit will not cover owed to extreme lack of maintenance: carpet, carpet burn (candle during power disconnect), bathroom (2) is poor condition, yard... yada yada yada.
So, I started eviction proceeding (small claims and service of eviction) day after lease expired. I will state in court (latter this month) that current tenant has stayed beyond her years lease, that has expired 25 days earlier…as of this date.
In addition, non-payment of rent (the last month of lease), very late rent pay (two month before expiration of lease), cannot keep on utilities (non-payment of water rolls-over to me), and poor up-keep.
My new tenant could not afford to be without a rental owed to fiancé’s children (3) and exotic fish collection, new job preparation, etc. So, I lost out on a good tenant.
Current tenant has 3 children, who where gone for three weeks after police checked up on health and well being during power cut-off. They are back now.
Also, current tenant has her adult sister staying at rental home, who is not authorized on lease (also has baby).
So, what do you think? I would be grateful if you tell me that I am/am not performing what any poor rent less landlord would do.