expired agreement (by Adem [TN]) May 27, 2008 1:59 PM|
expired agreement (by Terry [CA]) May 27, 2008 2:10 PM
expired agreement (by Natalie [CA]) May 27, 2008 2:27 PM
expired agreement (by Adem [TN]) May 29, 2008 3:05 PM
expired agreement (by Adem [TN]) Posted on: May 27, 2008 1:59 PM
State Specific Question About: TENNESSEE (TN)
Rental agreement expired, with a tenant that I don’t want to keep, on the last day of May 2008, I have new tenant to move in on the 1st of June 2008 but the old tenant is not moving out because he didn’t find another place yet( no wonder why). The new tenant has to be out of his old place by he 1st of June 2008 but unable to move to my place yet. What do I have to do.
expired agreement (by Terry [CA]) Posted on: May 27, 2008 2:10 PM
You re-rented a unit without have legal possession back of it. This is why as part of my tips I strongly advise against doing this.
So read your agreement with the current tenant to see if it defaults to MTM. You cannot rent a unit legally that you do not have legal possession of and the only way you can get that, if the tenant does not give to you directly, is through the courts. Refund any money paid by "new" tenants if they request such and you will need to start over once you have legal possession.
In some states you can file the eviction action immediately once the holdover begins. In other states you must give X days notice of holdover before filing eviction. Either way, it will likely be "too long" for the "new" tenants and too much of a risk... --207.200.xxx.xxx
expired agreement (by Natalie [CA]) Posted on: May 27, 2008 2:27 PM
In our leases it states that if LL is not able to deliver possession to tenant within 7 days of commencement date, then the contract may be terminated at Landlord's option and all funds received from Tenant will be returned.
I would start eviction process immediately and explain to your new tenant what the situation is. If they are willing to wait (unlikely) fine, if not just return the money to them and wait to re-rent until you get the current tenant out. --71.198.xx.xx
expired agreement (by Adem [TN]) Posted on: May 29, 2008 3:05 PM
I would like to thank everybody for responding to my question in the first place. I would like to ask Terry [CA]) or anybody else who can help, what if the tenancy ends with expiration of rental agreement unless extended and tenant is still occupying the place. Is he still in legal possession or not, and what “legal possession” means if tenant doesn‘t have legal rights to stay in the unit? I forgot to mention that I reminded tenant in writing 60 days prior to rental agreement expiration that the rental agreement will not be extended.