Hi Everyone.

Simply put, we want this young couple to leave. Their lease is up May 3rd. We did a home inspection last week and find that they are not keeping up the place and there is evidence that their 3 cats are doing some damage....they had a candle burning in every room in the house. (to hide what?) We do not want to serve an eviction notice. Can we handle this by writing them a letter telling them that we do not wish to renew their lease? In 12 years of renting 2 houses, we have never evicted a tenant.

Thank you for your "kind" responses. I already know that we are idiots for renting to a family with FOUR cats, now three. Don't rub it in please

Barb

If their lease is expiring, give them proper written notice that you will not be renewing their lease and they must vacate. Just make sure that the notice period is in line with the lease and your state's laws.

If they do not vacate per the notice, then you evict.

The candles were likely lit to mask odor.

What does your lease say happens when it expires? Does it define whether or not it reverts to a MTM or expires if not renewed in writing? If not, then many judges believe that, in Michigan, leases that are not specifically terminated or have a clause detailing termination actually renew FOR THE SAME LEASE TERM. (In most other states, these holdover leases would revert to a MTM -- but even the Michigan LL/Tenant Guide states that leases auto-renew for the same period.)

So, read your lease. If it is not defined, then you may have some issues if they refuse to leave (but keep paying). Especially since we're already within 30 days of May 3rd, so you've probably already missed the proper notice period to not renew.

But, again, it all depends on what your lease says about expiration and renewal. Do you have anything in there about what happens at the end of the lease?

- John...

Aye, there's the rub...(Hamlet).

You have several options:

1) Buy out their lease early (costly to you, but quick). Also known as "cash for key" (i.e. You get out and give me keys, I give you cash)

2) Evict, but this may be your last resort.

3) Non-renewal of lease. Sure this works IF they leave. But what if they stay (hold-overs)? Then you have to evict, but the difference is you've waited an extra month to get the process going.

The carpet is probably a gonner no matter what you do. The Odor x-it stuff sold on this site, while certainly good, won't salvage a totally hosed carpet. My single cat at my house whizzed all over an area we had just had carpeted in our basement. Funny thing is we didn't notice the urine smell until it was too late. Seriously, and now we really can smell it. I tried taking up the capet, ripped out the old pad, followed the Odor x-it directions thoroughly as far as treating the concrete underneath with surfactant mixed with the product. Hosed down the underside of the carpet liberally several times. Nope, it's a gonner and it going to be replaced this Spring.

So be sure to present your soon-to-be EX tenants with a nice hefty bill. They'll whine, of course, and you'll sue them in court.

Barbara, I don't think you're an idiot for renting to someone with cats. I myself would rather have cats than children. While cats can be destructive - they aren't as destructive as children and I've never seen a cat play with matches!

The candles were probably lit to make the place smell better. I can tell you now (as a cat owner myself) that if the place reeks of cat p!ss no candle will mask that odor. I use those Glade candles in my bathroom and bedroom and they just don't have the power to cover cat pee.

Cats claw and are destructive. My own cat has clawed my couch down to the wood on one corner. He did it before I even realized he was doing it. That's how fast and sneaky cats are. Do I love my couch? I did. But I love my cat more.

In the future if I were you I'd still allow pets. Pets make for happier tenants, but there are things you can require. First of all require pets to be spayed/neutered. I have a generous cat policy at my rentals but I require a product called SoftPaws. SoftPaws cover their claws and prevent them from scratching. I'd never suggest declawing as it's inhumane and the vet basically snips off the end of the cat's toe. It'd be kind of like us losing our fingertips up to the first joint.

Make sure you charge the appropriate pet fee and pet rent. When I was having vacancy woes I didn't charge any pet fees but now that things have picked up and I have more phone calls than rentals I've gone back to charging my pet fees. Notice I said fee - not deposit! People expect a deposit to be returned and a fee is something that is non-refundable. I charge $250 for one pet and $350 for two pets. I try not to allow more than two cats, one cat and one dog, or one dog per home. I don't ever allow two dogs. Pet rent is something I'll negotiate slightly on. I charge $25 for one pet and $35 monthly for two pets. If a tenant is a long term tenant and pays the fee and then the monthly pet rent, when it comes time for them to leave you've usually made enough to recarpet and clean-up.

Oh, about your tenants leaving... If they've paid on time, I'd see if I could train them. Charge them the fees for their cats going forward. Don't replace the carpet because they know their cats did it and won't really want to complain. Send them a letter and tell them about the deficiencies you found during your inspection and outline how they can correct them. Notify them of another inspection to make sure the problems have been addressed and let them know you'll be doing random inspections on all of your rentals going forward but will give them the appropriate notice. If they live in squalor, 24 hours doesn't give them much time to clean up a putrid place. Also tell them because of your insurance they need to limit their use of candles... Tenants and candles aren't a good mix! If they don't like this they'll leave and you won't have to worry about forcing them out.

Dear Friends,

Thanks you for your excellent information and input. Regarding our lease agreement: It was prepared by our attorney 12 years ago and has been undated seldom/occasionally. There is nothing in this agreement that states what happens after the lease is up....except that the tenant must give the landlord 30 day's notice of their plan to vacate. I assume then, that we can give the tenant notice that we do not want to renew. We will give them 60 to 90 days to leave which is reasonable. They are not bad young people, just untidy and disrespectful of other people's property. Our carpet was new when they moved in and not even the probablilty that they allowed the cats to pee on it, what drove me over the cliff this week was that they went to Florida fof 10 days leaving their 3 cats home unattended withonly 3 bowls of food and 3 bolws of water and 3 pans of litter. She told me they do this ALL THE TIME! I want to call animal control but instead we will feed the cats and change the litter.

Thanks again for your cat support. We love cats too. But we take care of ours.

Well, as I said above, if they want to fight you on it, you could easily have a problem. Again, courts could easily say that their lease auto-renewed for the same term. Therefore, you giving them 60-90 days to leave would no longer be considered "reasonable" because they would be in the middle of another year's lease.

But, I'd do it if you want them out -- and hope that they are dumb. :)

In the future, I highly recommend just MTM agreements -- although others here may disagree (especially if you tend to have collectible tenants -- which is the ONLY time that a lease makes sense, IMO).

-John...

I revise my earlier post. Kick them out. You cannot leave three cats for 10 days with very little food and water. One bowl of food will last my one cat probably two days at most and even when it's been out for a while he's yelping for fresh food and water.

Also when the water sits out I can only imagine it wouldn't be very tasty. I give my cat bottled water (the kind you buy for $3.00 for five gallons at walmart) because our tap water here tastes awful and I don't want to drink it myself. How would they like to eat 10 day old food and drink 10 day old water?

To "Getty"

You understand my point perfectly. If people will leave 3 cats on their own for 10 days, doesn't this show their lack of responsiblity and caring? If they can treat their own pets with so little regard, then what possible regard can they have for anyone else or anyone else's property? (Some) young people are so irresponsible and so self-absorbed that they need a dose of reality as in losing their beautiful home and caring, landlords. Thanks again for responding to my question and more importantly for allowing me to vent.

Barbara, in Michigan if the tenant is on an Annual Lease Agreement, the only way you can terminate their lease is if you have "Just Cause". Just cause would be such things as a "health Hazard issue". You can do a Termination of Tenancy Health Hazard Eviction if you can prove that there is a "Health Hazard" in place. But I don't feel you have that at all.

Cats are very Indpendent Creatures. They can survive on 3 bowls of food and water and litter boxes quite nicely. If there are litter boxes, I'm sure they didn't pee on the carpet as they prefer to do their business in their boxes. However, they do like clean and if the boxes are full, over flowing, then they could go doo doo somewhere else. But with 3 pans of litter I think they were okay. And the boxes would have to be completely filled to the brim before a cat will refuse to go to the bathroom there.

Dogs are a different story. And would I leave my cats alone for 10 days. No. But I have left them alone for 3 days. Actually 2 nights and 3 days.

Why were you in their Apartment when they were away? Are they month to month tenants? If so you don't need a reason to Not Renew Their Lease! Just give them a 30 day notice and you must allow a full 30 days.

I truly feel you are over reacting. This is not a time to get rid of good tenants just because you feel they didn't do right by their cats.

Nancy: they wouldn't need "just cause" to terminate a lease at the end of the lease period. That is what they should have done, but they have missed that window of opportunity now since it expires in the beginning of May.

Do you also agree that, in Michigan, a lease that is undefined on what happens at the end of the lease renews for the same period of time? This has always seemed odd to me, and I don't see actual MCL to back it up -- but maybe there is case law for it? Again, the Landlord/Tenant guide is what states that and always surprised me that holdovers didn't revert to a MTM automatically here.

- John...

John, if a years lease is not renewed in writing, it automatically reverts to Month to Month. It is just the same as having no contract but a verbal agreement, the lease is construed as being a month to month contract unless otherwise stated. Try to find a law?..just like anything else in Michigan, there is no definite laws when it comes to Landlord/Tenant Agreements and therefore most decision are left up to the Judge and their opinions.

John, a "Just Cause" Termination of Tenancy is only for terminating a lease agreement that is still an ongoing lease agreement.

When a contract expires, it expires whether it is a month to month or annual lease.

Nancy Neville

Nancy -- can you provide the MCL that says that a yearly lease not renewed (with nothing in the least about what happens) reverts to MTM? I have always assumed that but, again, even you state that the law is not defined. Therefore, why are you assuming that it reverts to MTM?

The "Tenants and Landlords - A Practical Guide" -- which is pretty much recommended all over the Michigan government sites for LLs and tenants to read (even though it is not a legal document) actually states that if a lease does not explicitly state that it becomes a MTM after the lease term expires, then "the lease is considered renewed for the same fixed term upon the same conditions."

So, that guide, at least, states that it DOES renew for the same fixed term -- and that it does NOT revert to a MTM like one might assume. So, since that guide says it, I'm guessing that some judges would do the same.

In any case, back to the original poster's question. I know what a "just cause" termination is. You had stated that they would have to terminate for "just cause" -- but, since the lease expires in less than a month, I don't see why they would have to do that (unless, as I said, the lease actually DOES auto-renew for the same term).

So, if it DOES auto-renew like suggested, then they would be locked in for another year and just cause would be needed to terminate. If it does NOT auto-renew and reverts to MTM, then proper notice that the LL is terminating just needs to be given.

- John...

Hello John.

Thank you for pointing that out to me as I too go by that Booklet, as well as other documents.

However I wonder if the tenant could really be held liable to this ruling when the tenant didn't sign any such document stating they would stay another year. A Contract must have a start date and an ending date, and if it doesn't it is construed as a month to month rental agreement.

Also, this is what the North Carolina Commission says about this matter.

"Most leases provide that when the lease expires, you automatically become a month-to-month tenant".

I will do some more checking in my Legal File Cabinet and see what I can find. But if the Practical Guide for Tenants & Landlords says that, then I'd go by that, but then again, a Judge may view it differently as it is not a law. And a Contract is a law binding document, and for one to be held to that contract there must be a signature and an agreement of a beginning date and an ending date when it is longer than month to month.

Good question and when I get a chance I will research it some more in detail.

And your comments about Just Cause is correct. If the lease is expiring in one month, why bother with the other.

I did a little more researching. If a tenant does not move after their contract has expired, they are called a "hold over" Tenant. That means they revert to a month to month automatically until you get them out, or until you allow them to say.

The only time that a tenant continues to be on a years lease, when their annual lease has expired, is if it is agreed upon by both parties, written or verbal, that they will continue to be on a years lease.

This was taken from the Michigan Tenant Handbook

Q6 How can a lease be terminated?

Fixed-term tenancy:

This type of tenancy is created when the lease agreement specifies when the tenancy begins and when it ends. It terminates automatically at the end of the period specified.

A fixed-term lease ends

on its own without further action.

However, many leases include the provision that the lease converts to a month-to-month tenancy at the end of the fixed term.

Other leases

state a sky-high increase in rent—sometimes

double—if the tenant stays beyond the fixed

term.

You've got me on a roll now.

In the "Every Landlord's Legal Guide" written by Marcia Stewart & Attorneys Ralph Warner & Janet Portman (Good in all 50 states) it says...

"At the end of the lease term, you have several options. You can...

*decline to renew the lease, except in the few areas where rent control requirements prohibit it.

*Sign a new lease for a set period, or...

*do nothing - which means- under the LAW of MOST states, your lease will usually turn into a month-to-month tenancy if you continue to accept monthly rent from the tenant.

Okay this is it. The truth! I can't type it all in because it is several pages long, quoting varies cases. But you can purchase this book, (I recommend it) by contacting Dennis Bernick in Lansing at 517-484-5881. This books is called..... Michigan Landlord/Tenant Eviction Form Manual. His wife is an attorney, and I've used this book from day one. We call it the Landlord Bible.

You will find your answer on page 61.

To sum it all up, in order for a years lease to continue to be on an annual basis, both parties must agree. If not, then it reverts to a month to month.

This is a good book. I encourage Michigan Landlords to buy it.

Indeed -- that all makes sense -- but that fact that the Practical Guide states that it does renew for the same term has always seemed odd to me.

Now, reading it again, it says that if they holdover and RENT IS ACCEPTED, then it renews for the same period. So, maybe they are arguing that if rent is paid by the tenant and accepted by the LL, then that is considered "both parties agreeing" to continue the lease on an annual basis?

Again, just trying to figure out why they wrote it that way in the Guide -- when I would expect a holdover to revert to MTM like most states.

I think I will pick up that Bernick book though -- thanks for the info. But, again, maybe payment and acceptance would satisfy the "both parties must agree" part mentioned in the book -- and explain why the Practical Guide stated it?

- John...

It looks like that book used to be available here -- it is still linked from the Law page -- but then the link goes to an order page where it no longer exists. :(

Was just hoping to send some business to MrLL.

- John...

Yes John. If both parties agree then the lease renews itself the way it was.

This book has several court cases showing the complication of it all. But...it summarizes it by saying, "Both parites must agree".

This book shows how to do evictions, fill out the forms, and everything. It is a gold mine and not that expensive. Give him a call. Hope he's still in business. This is just something he does on the side.

And by accepting rent then it shows that the Landlord is in agreement, and by the tenant sending the rent it shows, the tenant was and is also in agreement. So to clarify the "agreement" both parites must be in agreement, verbally or by accepting and sending a rental payment.

Well the book explains it better that I can.

But I think you get it now. It was a good questions and one that I'm glad I had to research again.

Indeed -- good luck with everything!

So -- currently -- do you still have those for sale? Or does it not matter any more because of circumstances?

- John...

The paid off home are for sale at a dirt cheap price ...$10,000 you take your pick. I've offered this deal to my tenants and some are trying to purchase those now. It's taking time, but hopefully it will be done soon.

BTW did you see where 27 more schools in Detroit are closing? In 2006 there were only 817,000 + residents left in Detroit. How many do you think will be left now!

Good Grief!