Moveout+Timing+Problem

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Moveout Timing Problem (by Jeff [CO]) Oct 19, 2020 11:53 AM
       (by David [MI]) Oct 19, 2020 12:11 PM
       (by Jeff [CO]) Oct 19, 2020 12:17 PM
       (by Sisco [MO]) Oct 19, 2020 12:36 PM
       (by David [MI]) Oct 19, 2020 12:42 PM
       (by Sorta Blonde [CA]) Oct 19, 2020 12:59 PM
       (by Ray-N-Pa [PA]) Oct 19, 2020 1:18 PM
       (by Jeff [CO]) Oct 19, 2020 1:21 PM
       (by NE [PA]) Oct 19, 2020 1:32 PM
       (by Sisco [MO]) Oct 19, 2020 1:34 PM
       (by Jeff [CO]) Oct 19, 2020 2:05 PM
       (by Hoosier [IN]) Oct 19, 2020 3:15 PM
       (by S i d [MO]) Oct 19, 2020 3:41 PM
       (by David [MI]) Oct 19, 2020 3:51 PM
       (by Jeff [CO]) Oct 19, 2020 4:38 PM
       (by Vee [OH]) Oct 19, 2020 7:04 PM

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Moveout Timing Problem (by Jeff [CO]) Oct 19, 2020 11:53 AM
Message:

Here is a first for me. A M2M tenant gave me notice on 10/14 that she would be out on 10/31. Of course that is improper notice. Her notice was actually effective for 11/30.

Now she says she will be out on 11/1 and wants to do a walkthrough on that day. (I do have a move-in checklist on file).

I doubt she will pay rent on that day as she will be handing over the keys. She will most likely use the argument that I should use the $1000 security deposit for rent. The tenant can't do that according to the lease.

No way will she pay $1000 for a unit that she is moving out of, when I have her security deposit.

There are a lot of unknowns. Will the unit be re-rented next month? If so, when? What does she owe for October utilities? What kind of shape will the unit be in.

Even if it's in great shape the other questions remain.

I will keep the rent and security deposit separate. If she doesn't pay, she will be assessed late fees and her $50 on-time "discount" won't apply.

This will get ugly. I'm ready for the ride! There is always something new in this business.

--76.120.xx.xxx




Moveout Timing Problem (by David [MI]) Oct 19, 2020 12:11 PM
Message:

I don't see anything ugly about this situation . Very easy ...

My first priority is to get a tenant out as early as possible . I do not want to give them any reasons to drag their feet.

Next priority: I do not do move-out walkthrus and MI does not require them. If a tenant asks , I tell them to take pictures for their records.

Last thing: if a tenant has moved out and still owes me a month of rent, I'm just going to use their deposit and assess $200 late fee. I am thinking of updating my lease to increase the late fee from a max of $200 per month to $400 if it is the last month. --50.4.xxx.x




Moveout Timing Problem (by Jeff [CO]) Oct 19, 2020 12:17 PM
Message:

I agree. I don't really like walkthroughs and rarely do

them. I don't see a reason to do them going forward, especially with an unhappy tenant.

I meant it could be ugly for her.

I might just tack on a late fee and call it good. But if the place isn't rented before December - a real possibility - her security deposit won't cover it.

At that point I would turn it over to collections.

It will be interesting getting this sorted out.

--76.120.xx.xxx




Moveout Timing Problem (by Sisco [MO]) Oct 19, 2020 12:36 PM
Message:

The walk through inspection is only an inspection, you need not price repairs of the deficiencies. Just a guy with a clipboard, paper and a camera.

After you inspect, and inform her that rent is due, get her new address, then you go to your office and prepare a statement of account and send it to her. If she doesn't pay, it is a civil matter and I advise that you pursue judgement and collection. --67.43.xxx.xxx




Moveout Timing Problem (by David [MI]) Oct 19, 2020 12:42 PM
Message:

Sisco, if it is only an inspection, there is zero upside for an LL to do on the move-out day with the tenant present. You have as long as your state gives you for the deposit return to do the inspection.

There is a huge downside to being physically present and demanding the tenant cough up more money. Why bother? deduct from deposit, goto court, etc etc. --50.4.xxx.x




Moveout Timing Problem (by Sorta Blonde [CA]) Oct 19, 2020 12:59 PM
Message:

I avoid unnecessary meetings and tell the moving tenants to just leave the keys on the kitchen counter as proof they have moved. Do your cleanup, itemize, take pictures, use the entire Security for repairs, etc. Send a letter (in appropriate time) and say that the entire Security was necessary to cover unpaid rent and damages. Sue later in Small Claims if damages exceeded Security. Easier than sending demand letters, and getting a back and forth dialogue you don't really need. --72.199.xx.xxx




Moveout Timing Problem (by Ray-N-Pa [PA]) Oct 19, 2020 1:18 PM
Message:

Boy do I hate having an unplanned vacancy this time of year. Being up in the snow belt, we will start to get the annual pumbling in another three weeks or so. Since that is near when you are getting yours back, I would suggest having the new person sign a 16 month lease so that they are in winter over

Sorry to hear about the added stress --24.101.xxx.xx




Moveout Timing Problem (by Jeff [CO]) Oct 19, 2020 1:21 PM
Message:

Thanks, folks. I have decided to cancel the walkthrough. There is no upside, especially with a hostile tenant.

--76.120.xx.xxx




Moveout Timing Problem (by NE [PA]) Oct 19, 2020 1:32 PM
Message:

Don't sweat it, you don't have a problem letting your unit sit empty for months anyways. --70.44.xxx.xx




Moveout Timing Problem (by Sisco [MO]) Oct 19, 2020 1:34 PM
Message:

David, Here in MO, tenant has the right to be present during walk through. I assumed that Jeff was dealing with a similar situation.

--67.43.xxx.xxx




Moveout Timing Problem (by Jeff [CO]) Oct 19, 2020 2:05 PM
Message:

Sisco, not here.

NE, you missed the point again. Surprise, surprise! --76.120.xx.xxx




Moveout Timing Problem (by Hoosier [IN]) Oct 19, 2020 3:15 PM
Message:

I agree with those who've said skip the walk-through, notify them after Nov 1st that rent is late, and sue in small claims for any unpaid amounts.

Sounds like you've done all the right things in your lease, but they refuse to follow the lease. --99.92.xxx.xxx




Moveout Timing Problem (by S i d [MO]) Oct 19, 2020 3:41 PM
Message:

Like Sisco said, the tenant has the right to be present, but I also have the right to schedule the timing. I usually make sure to do the inspection when they are at work.

I'm the guy with the clipboard and camera. "Just the facts"... I do not discuss deposit refunds or charges. "I'm just here to take pictures and notes."

I'd call after the inspection is complete and let her know that the rent for Nov is due. If she doesn't pay, just turn it over to collections and move on. Bill the deposit for late fees, Early Lease termination fee, unpaid utilities, etc. That should use up most or all of the deposit and leave her owning rent, which if you can ever track her down is easy to prevail in court if you can get her served papers.

Btw, I suggest adding this to your lease (taken from mine, word for word) and it would apply to your early move out.

"TENANT agrees to keep utilities turned on and in TENANT’s name from the day possession is granted until the lease ends or an early termination agreement is completed. TENANT shall pay a fee of $10 per day utilities are switched off and/or not registered in TENANT’s name." --107.216.xxx.xxx




Moveout Timing Problem (by David [MI]) Oct 19, 2020 3:51 PM
Message:

My lease includes language for requiring the utilities to be on , but I need to add a fee for having the utilities off when they move out. $10 a day won't cut it though . If the gas meter has been locked, then that means a half day of waiting around for the utility to come unlock it. If it happens in the winter, it can also be a few days of waiting with the heat off. I'm thinking $200 fee. --50.4.xxx.x




Moveout Timing Problem (by Jeff [CO]) Oct 19, 2020 4:38 PM
Message:

Hoosier, well said. I have never had someone move out on the day the rent is due. It's not a big deal. My collection agency is pretty aggressive.

S i d, I hear you, but my buildings are master-metered.

Thanks!

--76.120.xx.xxx




Moveout Timing Problem (by Vee [OH]) Oct 19, 2020 7:04 PM
Message:

Glad you know the walk thru is not a requirement, what does your local and state law say about the deposit and unit turning back to manager? Many areas you can not use the deposit until the unit has turned over to management - so if the keys come back and the unit is clean well enough to rerent then you would issue a accounting statement showing unpaid rent with no actual damage deductions - probably a zero refund payment, if the keys are held then the rent clock keeps on running and the eviction would be the way to obtain a judgement and then follow with debt collection as needed. --76.188.xxx.xxx



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