I'm so frustrated! We have a resident that has not paid rent in months.

UPDATE!!!! WE ARE GOOD! WE ARE BREAKING DOWN OUR CORPORATE UNIT AND TURNING IT BACK INTO A REGULAR APARTMENT FOR THEM!!! HALALOUA!! Thank you alll so much for your support! I'm so blessed to have you all!!

I'm so frustrated! We have a resident that has not paid rent in months. She finally put her 60 day notice in to move , and I leased the apartment right after she put in a notice. Since the CDC extended the right to be able to evict, she called today and said she is not moving now. She is supposed to move out tomorrow, and the family I leased her apartment to, has been paying month to month at there current apartment waiting to move in because this is where they want to live! The reason she gave when she put in her notice was she was moving in with her boyfriend, and they are getting married. I guess that didn't work out, so now my manager said there is nothing we can do! She gets to stay! I just don't see how that can be ok! I have worked at this property 15 years, and I have never had to deal with this ridiculous crap! We have no vacancies and are completely leased up! Sorry to blow up on here, but im so frustrated and I just need a stiff drink!!!

She needs to move. Your lease should have a clause. This has nothing to do with COVID based on her reason for giving notice.

You can evict for non-monetary reasons. This is totally reasonable and you shud move to evict. Unfortunately they won’t move in time to help your prospects. Totally stinks!!!!

I'd contact your lawyer immediately. Evictions not related to rent are still allowed. Pretty sure you wouldn't allow a meth lab to continue staying, or a brothel.... she gave notice, you have an obligation to the next tenant. She is in breach of her contract.

The paper she signed should have it in there that once written notice is given, she has to vacate.

You can evict for their refusing to move.

Especially if you have a signed notice to vacate

Send notification of hold over rent
A courtesy notice that we’ve leased you unit

Holdover Clause - new tenant takes priority. You can evict now for failure to vacate.

If she's at the end of her lease, serve her with a non-renewal, if she doesn't move, evict for hold over.

She will need to pay hold over fees and cost to people moving in for their cost, hotel or whatever.

You can't evict for failure to pay with the submission of a CDC affidavit. You are free to evict for holdover or lease violations. Now if your particular county actually does the set out once you get a writ... that's a different story.

No! If it’s preleased she MUST move out. You can now file eviction for hold over and collect back due rent at the same time.

Check with your legal team. I'm pretty sure in Texas, TAA states that if a resident rescinds notice and inconveniences the applicant, they're responsible for covering anything as a result of their cancellation. Maybe with that, it will all fix itself.

Texas has a holdover clause she would be evicted for holdover down here if she gave notice and didn’t move and she would be responsible for the rent on the new lease that you lose because of it. I’d check the lease but that’s just me.

We would never let that fly! You are expressly advised that once you place your notice you are giving our office the right to appropriately market your home.. Once it’s leased you’re SOL

If her lease is up, you can evict to end the month to month tenancy. We've had cases win

If it’s leased According to her lease you can charge her if she doesn’t move..holdover fees . Her given notice and you leasing the apartment has nothing to do with the CDC. She needs to move.

Issue a non renewal. And tell her you apologize but the unit has been lease, company policy you can't cancel.

I am not sure what state you are in but we file for possession of the unit for not having a lease contract. They have a balance of 22k and 19k gues what we win one of the case waiting for the 2nd one.

Depending on your state, lease etc. she “could” be held liable for incurred expenses from the person who is supposed to moving in.

It’s okayyy relax and breatheee. Yes it is a crummy situation to be in, and we all look to gain money/dividends for our property because not doing so does reflect on us. Just take the proper steps necessary.. I would rather have them paying this back in years to come than trying to force them on the streets or in an ugly situation. Trust me gurl, she’s gonna pay one way or another!!! #keepupthegoodwork

She is still required to move out because you’ve leased it. You go by her notice. She can’t retract if it’s been leased unless she moves into another unit which she can’t because y’all are leased up. Your property manager needs to be checked. Speak to your regional.

I have a resident that has not paid 1 penny since April 2020. His lease ended in august of 2020. The courts will not evict on a hold over because of the cdc. Hasn’t paid his electric as well and we can not shut it off. Sorry I am squatter

Holdover for sure!

These people are the main reason why I don’t miss working in the industry.

Call your attorney... non covid evictions are allowed. This is now a holdover.. she gave notice. Get legal advice .. What did your regional say???

Once they put notice in, you have the right to lease that unit. Evict them for holdover, has nothing to do with CDC. It won't help the family that you rented it to, but it will help with the process.

Yeah I’ve had this happen before. You can tell the resident that you are unable to extend. But if they really push there is nothing you can do.

You just have to call the prospect and apologize. Refund them any holding deposits. I’d maybe take a look at your expiring leases and say hey not guaranteed but I’m 60 days we MAY have this floor plan come up. However the same thing could happen again, this is an issue with pre-leasing a home that’s not move in ready.

She gave noticed and you rented it, she needs to leave. Your notice to vacate or lease should state that once given they have to leave if it is rerented

I told my manager this is no different when someone is buying a house, and they put their notice in, and we lease that apartment. They come back staying the house did not go through, and we tell them they have to move bc they put a notice in , and we leased the apartment. Over the 15 years I have been here, that has happened so many times. They moved, and the new residents moved in. End of story!