TENANT CHANGES MIND ABOUT VACATING

A lot of you have read the discussion about the tenant who moved in her new husband with a criminal background (just released from prison 1 year ago for armed robbery.)

I gave her a choice to 1) Go through eviction for violating her lease agreement or 2) Sign a Notice to Vacate.

She chose to sign the NTV. On the NTV she listed she would move on August 31st. Then called and said she needed all of the time we were giving her (through Sept. 15, which was actually 45 days to vacate).

I got a text from her last night that her husband was no longer living there and therefore we had no reason to evict her. She said she was "forced" to sign the NTV and she planned to stay in the apartment "excersing her tenant's rights."

She said I discriminated against her. I told her that criminal background was not a class for discrimination and she got very agitated and said she wouldn't discuss that with me. I told her she violated her lease by allowing someone to move-in without prior approval. She lied and said he wasn't living there until she turned in his application in July, which was denied. However, I sent her an application in May and she delayed turning it in. I requested it 3 times before I finally got it the first of July. She said to let her know if she needed to get an attorney.

I've rented the apartment for $65 more per month and there is no way I'm letting her stay. I spoke to her and she said they were going to live apart for now because she doesn't have time to move. I'm guessing, but she probably can't find anything in our market for the price she is paying and his criminal background will make it hard for them to get approved.

I suggested she get an attorney and told her that I was going to enforce the NTV.

Sandy, although I always qualify my answers because I am not an attorney , here is what I think. First of all, I would not conduct business communication via text message. Second, I would certify mail her a letter stating that her Notice to Vacate was accepted in your office on such and such date and the apartment has now gotten an Approved Applicant who has an assigned move in date.

You can then face two options. One, if this person does not move out, you will need to start actual Eviction proceedings as she is now not legally entitled to an apartment she has given Notice for, and you have someone waiting to move in. If the current resident stays and does not vacate, you are forced to inform the person waiting that she/he cannot move in yet, which means loss of income, marketing costs to recoup, etc.

Option 2: If you have another unit to move the person waiting into, offer that to her/him and see if this could save the lease. And for the person refusing to move, you could then say you are more than willing to see if she requalifies to remain in the apartment at the new rental rate. She can then re-apply, pay an Application Fee, and present all the info necessary for your Applicants. Chances are she would not qualify (and we already know she would not receive a great landlord verification from her current landlord, Hahaha.)

In any event, I would definitely call your attorney for advice on this situation. Obviously, you don't want to keep her (the current resident), nor do you want the hassle of going through an eviction. Depending on the state you are in, I have strong feelings that you cannot depend upon a favorable judicial decision either. Some judges/courts seem to interpret landlord actions as retaliatory and could rule in favor of the Resident who may say she was forced to sign the NTV under duress, that she has "cured" the problem by kicking out her husband anyway, and that he will no longer be onsite.

Let me know what happens!!!

I think she re-read her lease because she called and apologized to me today for what she said to me and told me she was moving, as scheduled.

I love the idea of her re-applying. That's exactly what I thought of, too, instead of trying to get a judge to back up the NTV.

She wasn't under any kind of duress. She had 2 choices and she chose the NTV. No one made her sign it and she had plenty of time to think about it.

She had the nerve to send me a letter two weeks ago about a water bill she got when there was a leak at the meter. She quoted an entire paragraph in her lease about the landlord being responsible. I thought she should have read about 2 paragraphs above it where it states you can't move someone in without prior approval from management.

Funny!

A leak at the meter may not even be your responsibility depending on WHAT side of the meter the leak occured.....

If the leak is between the meter and her unit, it is yours.
If the leak is between the meter and the supply, it is the provider's.
If she failed to report it in a timely manner, or if you had no other way to know there was a leak; and the leak caused damage, the damage is hers.



I am glad she 'saw the light', but make sure you keep in contact with her and she knows her unit has been rerented and her leaving on time is key. I would also inform the new applicant of the situation so there are no surprises. I might consider offering her a bonus of some sort if she left before that deadline.

I love 'welcoming people to leave' especially if it does not involve the court and the need to do so is necessary for the property's success.

Johnny,

This is not always the case on all properties. On mine, I am responsible for repairs to all water lines, main line and fire hydrants.

If there is a leak between the meter and the main line, we do not have to pay anything for the spilled water. They have threatened to estimate it, but haven't done so, yet.

If there is a leak between the meter and the building, the tenant's water bill and sewer bill increases.

The utility company waits until the leak is repaired. Checks the next "normal bill" and gives a credit of only 1/2 of the excess. They will give the tenant a credit for 100% of the sewer bill.

So, the tenant has to pay the bill with the water leak excess on it. Hers was $400, where it is normally $50-$60. Another tenant's was $900.

We go to utility company and pay the water and sewer bill and they reimburse us when they get the credit. I pay with a credit card, so if they don't reimburse us, I'll cancel the payment.

Nothing can be done about it. That's just the way it is.

The leak can be hard to detect until it starts running down the sidewalk. You would think the meter reader would inform us. The lines are all covered with thick mulch around the building foundations. The really high one had a line burst and it took longer to repair it, as the leak was under a huge shrub that had to be dug out.

That just sounds fishy to me that the city would hold you and your residents financially responsible for any leaks between the meter and the supply; which you have absolutely no control over. I would be contacting your city manager or someone on city council about this if you are not alone. But get the involvement of other property managers in the area and make your voices heard.


Sounds like someone at your service provider is trying to line their own pockets and it is time to change the status quo.

Just make sure you post when you are doing your happy dance because you have the keys and she is gone..... lol

What happened with this Sandy?

Update:

I gave her until September 15 to move, but on her NTV she wrote August 31st. She said she wanted until the 15th and the new tenant was okay with that because it gave her more time to save money.

She moved this weekend. Called me Saturday night around 7:00 p.m. and wanted me to call her and let her know if it was okay to keep the key until Sunday.

Yes, I did the "Happy Dance" when I arrived at work Monday morning and found the key. They have not removed the satellite dish, yet, but I have a $50 deposit if they don't.

I plan to return her security deposit tomorrow so I don't have to hear from her anymore. I really like her, but she has been a pain since the week she moved in nearly 2 years ago.

My drug dealers are next!!!!!!!!!!!!!!!!!!!!!!