Overstay charge?
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Overstay charge? (by Wix [TN]) Sep 14, 2020 3:30 PM
       Overstay charge? (by Robin [WI]) Sep 14, 2020 3:54 PM
       Overstay charge? (by Patrick [VA]) Sep 14, 2020 3:59 PM
       Overstay charge? (by myob [GA]) Sep 14, 2020 4:10 PM
       Overstay charge? (by WMH [NC]) Sep 14, 2020 4:22 PM
       Overstay charge? (by kkezir [KS]) Sep 14, 2020 4:32 PM
       Overstay charge? (by Moshe [CA]) Sep 14, 2020 7:08 PM
       Overstay charge? (by Moshe [CA]) Sep 14, 2020 7:28 PM
       Overstay charge? (by plenty [MO]) Sep 15, 2020 7:30 AM
       Overstay charge? (by S i d [MO]) Sep 15, 2020 8:55 AM
       Overstay charge? (by Moshe [CA]) Sep 15, 2020 11:58 AM

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Overstay charge? (by Wix [TN]) Posted on: Sep 14, 2020 3:30 PM

I was given notice by a tenant that he would be purchasing a house on the 10th of this month and would be out by the 15th (exact 30 day notice). I checked in to see if he would be turning in keys tomorrow and was told that an issue came up with the closing and he would now be closing on the 18th (and I am sure a few more days to move and clean). I already have a tenant wanting to move in on or before the end of the month but the current tenant that wanted to be out ASAP as to not pay an extra penny in rent...said he may or may not be out by then. Have any of you had to deal with this? I think I remember seeing some talk about double rent for extra days...but this is a first for me :( --107.77.xxx.xx

Overstay charge? (by Robin [WI]) Posted on: Sep 14, 2020 3:54 PM

This is called holdover rent, and in most states you can charge double rent. They've given notice that they'll be out by a certain date. If they aren't, charge away. If you inform him of that, he may find a way to move out a little faster.... --104.230.xxx.xx

Overstay charge? (by Patrick [VA]) Posted on: Sep 14, 2020 3:59 PM

You need to have it in a lease clause up front. Mine spells out 60 dollars a day past move out notice. 60 times 30 = 1800 per month, but house rents out at 1200 per month.

Also, suggest you prorate at move in, but not at move out. That way old tenant would be liable for full monthly rent of Sep if he moves out any day in Sep. It allows for cleaning and repairs that have to be done, any you wouldnt have this current headache that you have now.

Finally, suggest you get a 60 day notice. It really helps especially if someone moves at last minute or you have to do an eviction. --70.169.xx.xxx

Overstay charge? (by myob [GA]) Posted on: Sep 14, 2020 4:10 PM

our state wording is "30 days notice from time the rent is NORMALLY DUE".

If your rent is paid mid month who cares-- but if not-- giving notice Aug 17 for example would be good for moving Sept 30. with the understanding your rent is due on the 1st. --99.103.xxx.xxx

Overstay charge? (by WMH [NC]) Posted on: Sep 14, 2020 4:22 PM

My houses get returned by noon on the last day of the term, or we charge $25 per hour until we get the keys. I've only had to charge this once, $125 for someone who took until 5pm to get out. --50.82.xxx.xxx

Overstay charge? (by kkezir [KS]) Posted on: Sep 14, 2020 4:32 PM

in KS you can charge 1.5x the daily rate as hold over. --165.201.xxx.xxx

Overstay charge? (by Moshe [CA]) Posted on: Sep 14, 2020 7:08 PM

I am curious about which (if any) states in which landlords can charge double RENT while tenant is unlawfully detaining property.

Clearly, landlord may be entitled to some compensation, but the agreement to accept rent (single, double, triple) invalidates the requirement that he leave.


Overstay charge? (by Moshe [CA]) Posted on: Sep 14, 2020 7:28 PM

KANSAS STATUTE 58-2570 says,

"If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession. In addition, if the tenant's holdover is willful and not in good faith the landlord may recover an amount not more than 1 1/2 months' periodic rent or not more than 1 1/2 times the actual damages sustained by the landlord, whichever is greater."

So, landlord may RECOVER (by bringing such an action) extra money, but it is not RENT. Accepting RENT or even agreeing that tenant may pay in, would invalidate tenant's notice to vacate.


Overstay charge? (by plenty [MO]) Posted on: Sep 15, 2020 7:30 AM

Ask the person to arrange to keep their things in the rental truck and couch surf or use their Marriott points to hotel it. Everyone else makes it work. Otherwise they will owe for another months rent cause you dont prorate goin out only move ins. There are lots of things you can do to hit them in the pocketbook but they still may stay. Perhaps put the three options on paper and present them for a decision. Do this in person cause you don't have much time for mailing and such. --99.203.xx.xx

Overstay charge? (by S i d [MO]) Posted on: Sep 15, 2020 8:55 AM

RSMO 441.100. "Tenant giving notice to quit, and failing to do so, liable. If any tenant shall give notice, in writing, of his intention to quit the premises held by him, at a time specified in such notice, and shall not deliver up the possession thereof at such time, such tenant, his executors or administrators shall from thenceforward pay to the landlord, his heirs or assigns, double the rent reserved during all the time such tenant shall so continue in possession."

"shall from thenceforward pay to the land lord..." means the tenant owes me x2 rent immediately. No 'recovery' steps necessary.

I also charge a fee of $10 per hour after noon on the final day of the tenancy until keys are handed over and personal property removed. WMH has just convinced me to bump it to $25.

My lease also contains specific wording that once notice has been received by land lord, it cannot be taken back, amended, or altered without land lord's written consent. If the tenant's next house isn't ready, they can get a hotel room and use a POD to store their stuff until it is ready. That's why those businesses exist: temporary stays/storage in between long-term living arrangements.

Now if they want to pay me the market rate for an 800 sq ft hotel room plus an onsite delivered storage unit.....perhaps we will talk. --107.216.xxx.xxx

Overstay charge? (by Moshe [CA]) Posted on: Sep 15, 2020 11:58 AM

Yes, Sid.

But I am curious if the obligation to leave based on tenant's notice continues. Can landlord proceed to evict while collecting double the RENT? The MO statute doesn't mention that, at least not in this section.


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