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Renters not ready to leave

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Deacon92

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So I am moving back to Florida. My renters know this and the lease expires today. A week ago they were going to be out by noon today. Then yesterday it was: we'll be out by 4. Today it was 6 and at 6 it was we can be out tomarrow if the weather holds.

Other the venting that i rent to people that can't make a plan, anyone have a similar experience. I have home inspectors and cleaning crew coming Monday. But it seems clear the renters will still have stuff in the house.
 
DeaconCav06 said:
Why? They overstayed the terms of the lease.
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Because, by statute, only certain specific claims can be made against a security deposit. Overstaying, after the lease is over, as long as the tennants gave proper notice, is usually not one of them.
 
Well, I appreciate that education. It's been a long time since I've looked at landlord tenant issues.
 
Along similar lines, I have a lease through 8/15 but will vacate on 8/6. Landlord says he is taking possession 8/7. Do I need to pay through the terms of the lease?
 
I had hoped this would be a smooth exit especially since I'll be moving the family back Into the house
 
DeaconCav06 said:
Along similar lines, I have a lease through 8/15 but will vacate on 8/6. Landlord says he is taking possession 8/7. Do I need to pay through the terms of the lease?
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All depends on what your lease says. Or what you work out with your landlord.

If it's a standard lease, my guess is that you are on the hook for the full amount.
 
Deacon92 said:
So I am moving back to Florida. My renters know this and the lease expires today. A week ago they were going to be out by noon today. Then yesterday it was: we'll be out by 4. Today it was 6 and at 6 it was we can be out tomarrow if the weather holds.

Other the venting that i rent to people that can't make a plan, anyone have a similar experience. I have home inspectors and cleaning crew coming Monday. But it seems clear the renters will still have stuff in the house.
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You can probably charge them a full extra month's rent for overstaying, assuming the lease turns into a month-to-month after it expires (check the terms of the lease).

So you could threaten that, say you'll take them to small claims court for it, and then see if they'll settle for a $100 or something (I don't what the rent is)

But I doubt you can take it out of the security deposit
 
Whether you can "legally" take it out of the security deposit or not doesn't really seem to matter. Tell them it's coming out and see if they object. Luckily most people aren't lawyers looking to make something out of nothing.
 
Yeah screw em if they don't know the law.
 
I have no problem with exercising whatever powers you can per the agreement. But the idea of doing something knowingly illegal (assuming that's the case) because the tenant likely doesn't know their rights is shitty imo.
 
BacktoBack said:
Whether you can "legally" take it out of the security deposit or not doesn't really seem to matter. Tell them it's coming out and see if they object. Luckily most people aren't lawyers looking to make something out of nothing.
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Not to mention it is not hard to find “something wrong” with the property when they leave. This is a no brainer.
 
bmoneydeac said:
I have no problem with exercising whatever powers you can per the agreement. But the idea of doing something knowingly illegal (assuming that's the case) because the tenant likely doesn't know their rights is shitty imo.
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I'm not a landlord. But I suspect most landlords would unknowingly keep part of the security deposit for this type of transgression. It just makes practical sense. Or following the letter of the agreement I suspect they could be charged the entire months rent. Which would you rather as a tenant?
 
bmoneydeac said:
I have no problem with exercising whatever powers you can per the agreement. But the idea of doing something knowingly illegal (assuming that's the case) because the tenant likely doesn't know their rights is shitty imo.
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I think staying in someone's property past the date of move out is a shitty thing too
 
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