--71.10.xxx.xxx

Does your rental agreement have a substantial increase in use & occupancy fee for holdovers? --96.237.xx.xx

It sounds like she hasn't paid February rent, thinking that her security deposit will cover her last month's rent. It doesn't work that way. Rent is rent, and the security deposit is not rent. You need to notify her about her unpaid rent immediately, and file for eviction asap. Don't wait until she says she will be gone, do it now. --71.233.xxx.xx

--76.120.xx.xx

You should have filed on her immediately. --64.121.xxx.xxx

I am seeing this differently. It sounds like this tenant paid their Last Month's Rent in advance (at move in) and that is what she used for February's rent... --24.20.xxx.xxx

The way I read this,she is a pita now. I would post a pay or vacate notice and proceed with and eviction immediately. --108.243.xxx.xx

If you have her pre-paid last months rent already and she gave proper notice that February was her last month, there’s nothing additional that you can do in the meantime in terms of serving a notice. When you drop off the vacating cleaning instructions you could offer some form of enticment like saying if you’re out on time and the unit is left clean and undamaged I’ll return your security deposit within 48 hours and include an additional $100. Sounds like she needs money so the thought of getting the security deposit back so quickly may motivate her. As an alternative, if she wants to stay, offer her a weekly rent option (assuming you would consider keeping her). --107.77.xxx.xx

I agree with most....file for eviction immediately if she is in default (late rent). Make sure all communications are in writing. Be pleasant and professional, and be careful making any commitments to her. Hopefully she will vacate peacefully before the eviction hearing. --99.92.xxx.xxx

Sometimes when a tenant was never lied, always called if the rent was going to be late and has proof of hardship, then I ask for proof of their new residency. If they can not prove they are moving, then I may ask for half a months rent until they can establish to my satisfaction they are really going to move out. --47.156.xx.xx

Maybe she meant to go somewhere and that fell through and now she's struggling? Who knows - TALK with her. Find out what's going on. You could just be reading into something that just isn't there - OR you could be spot on and you need to get ahead of it as much as you can. --69.201.xx.xxx

She is not late on rent. JB ( OR) and JohnnyB (MA) understood what I was trying to relay.I know Steve ( MA) does too that’s why he’s thinking three steps ahead of me to a holdover use and occupancy fee clause. Maybe I didn’t word it right. She gave a 30 day notice and is using her last months deposit that she paid in advance at move-in. That covers February rent so I can’t file for non payment because she is technically paid up through the end of February . She wants to know what happens if she just doesn’t leave. She wants to know if she doesn’t move out then can she pay for March and she will just no longer have a “ last months rent deposit” because she used it. Not just NO .... He!! NO . I explained to her that by giving me the 30 day notice she has terminated the tenancy. She can’t just reinstate it. Even if she gives me March rent and a new “ last months rent” deposit I do not want to accept the money because that will establish a tenancy. I need her gone. I’ve never had anyone try this before. I add things to my lease on a monthly basis because of this one. My lease didn’t have a specific clause for what happens when a tenant gives a fake 30 day notice so they can use “ last months rent” deposit when it’s not really their last month. It will now. I’m sure I won’t have a problem finding something else in there that applies. I’m having difficulty finding the right answers on this because everything is based on the LL terminating the tenancy, not the tenant. I think I am OK to refuse to accept money from her. --71.10.xxx.xxx

Just wanted to clarify- she has never had any complaints about the actual apartment until now. It’s beautiful and newly renovated. She has been a PITA because she does not play well with others. --71.10.xxx.xxx

Your first eviction? you will have to learn quickly the ABCs of the eviction process. Not acting on timely manner will cost you. --99.59.x.xxx

I make my rent one amount and the security deposit $100 more. That way months or years later it’s harder for them to claim they paid first and last months rent . When they do try to use the security deposit for rent I file for evection on day four. That usually encourages them to pay that months rent Rather than risk an eviction on their record. --99.23.xxx.x

I have found that for me that units in multis work best with an initial 12 months then converting to MTM. Where as in SFDs I prefer to always have 12 terms with an early termination fee. --96.237.xx.xx

--76.188.xxx.x

Fred ( CA) , thank you for your input but, based on your response, I think that maybe I am not explaining it clearly. There wasn't anything to act on in a timely manner because she doesn't owe anything and hasn't violated anything....yet. I can't start an eviction before she owes money even though that's her plan. I am very frustrated that I can't act now. Steve ( MA) , I appreciate you more every day. All of my other move outs were MTMs who left after giving proper notice. It was all very neat and clean. Because they are MTM there isn't a specific end date so I never had to address the lease end. I have terminated MTM tenancies several times to raise rents as well as to get rid of problem tenants. I always got full compliance . I am familiar with the process when I initiate the termination. I do contact outgoing tenants a week before their last day to confirm things like forwarding address, utilities, etc. I'm having a hard time accepting the fact that there is nothing I can do about it until she stays past her paid month. --71.10.xxx.xxx

Provide her all the normal move out paperwork so she knows everything that is expected of her. Of course, MA has its own rules. Just make sure you follow them. Don't sweat this too much yet. She may just pack up and be out at the end of the month. If not, hopefully you have a substantial Security Deposit you can use as needed to help make you whole (or somewhat whole). --24.20.xxx.xxx

Filing for eviction doesn't make things more difficult for a departing tenant. --76.120.xx.xx

If she paid last months rent, you need to wait until she is supposed to be out before doing anything. On the other hand, if it is a deposit, then she hasn't paid Feb rent and you can start the eviction process now. --71.233.xxx.xx

Jeff (CO), I couldn't disagree more. with both of your statements. And my upfront questions about whether or not they have received a notice of eviction certainly helps me screen them out. --24.20.xxx.xxx

Jerry (MA), yes, RentsDue's use of the term "last month's deposit" should simply be "last month's prepaid rent (or Last Month's Rent). The word "deposit" in there is confusing everyone but I understand what she is referring to. --24.20.xxx.xxx

"Miss PITA, you asked what would happen if you didn't move out when your lease terminates. Are you thinking you might not be able to move out on that date?" Then LISTEN. Maybe she changed her mind. Maybe she wants to buy a house. Maybe she's in a relationship and was planning to move in with him and then things went south. Or maybe she really is broke and is prolonging the inevitable. If she just needs flexibility as to move-out date, then you might be able to work something out where she pays extra holdover rent while you get it ready for the next tenant. I'd put some effort into finding out the situation, though. --204.210.xxx.xxx

Also, please explain how filing for eviction makes it hard for a tenant. I am very curious about that. Very. --76.120.xx.xx

And I already answered your inquiry. Within my application/screening process I ask if they have ever been served with an eviction or asked to leave. I really don't understand your bewilderment. --24.20.xxx.xxx

--76.120.xx.xx

Finally, my application is clear that if they have provided false information on their application that they will automatically be turned down. My screening process is quite comprehensive. And if they should slip through, and get in and I later find out they lied, that I will be terminating the lease and they will be looking for a new place to live very quickly. --24.20.xxx.xxx

Whatever you say, JB! --76.120.xx.xx