Improper Notice to Quit (by Jeff [CO]) Jan 10, 2021 2:31 PM|
Improper Notice to Quit (by Jkj [MA]) Jan 10, 2021 3:21 PM
Improper Notice to Quit (by MAP [NY]) Jan 10, 2021 4:13 PM
Improper Notice to Quit (by melinda [MD]) Jan 10, 2021 4:17 PM
Improper Notice to Quit (by RB [MI]) Jan 10, 2021 4:53 PM
Improper Notice to Quit (by Robert J [CA]) Jan 10, 2021 6:17 PM
Improper Notice to Quit (by RockyMtnLL [CO]) Jan 10, 2021 6:54 PM
Improper Notice to Quit (by J [FL]) Jan 10, 2021 8:20 PM
Improper Notice to Quit (by JB [OR]) Jan 10, 2021 8:32 PM
Improper Notice to Quit (by 6x6 [TN]) Jan 10, 2021 8:34 PM
Improper Notice to Quit (by 6x6 [TN]) Jan 10, 2021 8:36 PM
Improper Notice to Quit (by JB [OR]) Jan 10, 2021 8:38 PM
Improper Notice to Quit (by Jeff [CO]) Jan 11, 2021 8:53 AM
Improper Notice to Quit (by 6x6 [TN]) Jan 11, 2021 9:11 AM
Improper Notice to Quit (by JB [OR]) Jan 11, 2021 11:56 AM
Improper Notice to Quit (by LisaFL [FL]) Jan 11, 2021 11:56 AM
Improper Notice to Quit (by Sandy [CO]) Jan 11, 2021 11:33 PM
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Improper Notice to Quit (by Jeff [CO]) Posted on: Jan 10, 2021 2:31 PM
How are your leases set up? Mine roll M2M after expiration. Rent is due on the first of each month. Notice to quit must follow the rental period. Notice received on 1/2 would be effective 2/28, and not 2/2.
This is explained to tenants at lease-signing but they always forget. A tale of two tenants:
A guy gave me improper notice on 12/8 saying that he lost his job and had to quit on 12/31. I told him that he owed January rent as the 30 day notice had to be per the rental period. I should have received it by 12/1.
Well, January rolls around and he paid it all and sent me a nice e-mail. The unit was in great shape so I returned his security deposit and only charged him for 8 days of rent (I returned the rest of the month). It felt right and he appreciated it.
Another guy sent me notice on 1/6 stating that he would exit on 2/6. I wrote back and explained that it doesn't work that way. He didn't understand and then said he'd be out on 1/31. He doesn't know that he's on the hook for all of February. No need to tell him now...
Improper Notice to Quit (by Jkj [MA]) Posted on: Jan 10, 2021 3:21 PM
My tenants have been transitioned to MTM, or will be at end of their lease, (I have 1 that’s lease expires end of March). Rent is due on the 1st, notice must be at least “30 days or the interval between days of payment—whichever is longer”. So like you, notice given on 1/2 would be effective 2/28. I’m a firm believer in what’s good for the goose, is good for the gander. MA law states I must give the notice I explained above WITHOUT EXCEPTION. when the law says a LL can terminate a M2M agreement early, I’d think about letting tenants out early on a case by case basis. But that will never happen! --173.48.xxx.xxx
Improper Notice to Quit (by MAP [NY]) Posted on: Jan 10, 2021 4:13 PM
Question, I have a tenant that gave improper notice on a 12 month lease... so I have him on the hook for Dec 2020, however I did manage to rent the place to a new tenant starting 12/17. I'm thinking I should write him a letter subtracting the amount he is on the hook for due to getting a new tenant... yes? and thx. --72.231.xxx.xx
Improper Notice to Quit (by melinda [MD]) Posted on: Jan 10, 2021 4:17 PM
Right now it may not make much of a difference. If a tenant decides to leave what are the landlords options if he owes rent? Doubt that the court will do anything now to enforce leases.. We had a judge end a lease and the tenant is putting his rent into escrow due to foundation leaks. Not bad leak but still a leak. Meeting with basement fix company in a week. Sec. 8 so judge only expects tenant to pay his portion of rent into escrow. This tenant friendly is costing me over $700 a month for 2 months. Judge will decide if/what I get paid soon. May be nothing. Who knows. Not too happy about this right now. --24.233.xxx.xx
Improper Notice to Quit (by RB [MI]) Posted on: Jan 10, 2021 4:53 PM
Hold'em hostage. --199.192.xxx.xxx
Improper Notice to Quit (by Robert J [CA]) Posted on: Jan 10, 2021 6:17 PM
With Covid-19 still in swing, landlords in California can NOT evict a tenant for non-payment of rent. I we threaten a tenant with eviction, the landlord will be fined $10,000.
I have my first lease with a tenant for minimum of 1 year that converts automatically to a MTM tenancy. Rent is DUE ON THE 1ST OF EACH MONTH. Rents post marked after the 1st and received after the 4th, are subject to a minimum late of of $50, plus an additional 1% per day -- until a total of a 10% late fee has accrued. Late fee's must be paid within 30 days, otherwise the tenants give permission for the late fee's to be deducted from the deposit. --47.155.xx.xxx
Improper Notice to Quit (by RockyMtnLL [CO]) Posted on: Jan 10, 2021 6:54 PM
Considering that the courts are not likely to enforce your right to receive rent proceeds for the extra time - and that a law suit would eat up even MORE of your income, I'm curious why you don't accommodate the tenant's desire to leave early.
My own experience with this is that people leave when they want to - regardless of what is written. I came to blows with one especially ornery tenant and the eviction bill was $10,000. Court awarded me $6,000. There has been a warrant out for the arrest of the tenant for the last 2 years. I still have not seen ANY of the money. Further, collections will now be a joke - as EVERYBODY will have them - so as a deterrent to ruining credit - that probably isn't going to work like it did in the past.
The tenant prospects I've been speaking to are inclined to lead with the fact that their credit is tarnished - due to Covid - but that they figure many other applicants have the same hardship.
I'd gamble on having the tenant leave when they are still happy to do so. Declining to let them leave makes them grouse about what a dirty, rotten, money-grabbing landlord you are. The ripple effect of social media and word of mouth is an issue here - but maybe not so much in larger city areas.
Additionally, as I recall, you were in the process of selling your units. Will what you do impact the agreeable nature of the tenant to help you out for showing the unit? Maybe that's not a consideration, but worth asking.
Please follow up as to how this worked out. I'd be interested to hear! --69.130.xxx.xxx
Improper Notice to Quit (by J [FL]) Posted on: Jan 10, 2021 8:20 PM
Jeff, if you are selling your units, as you said, isn't it better just to have these people out instead of quibbling about these small things? --72.188.xxx.xxx
Improper Notice to Quit (by JB [OR]) Posted on: Jan 10, 2021 8:32 PM
J, as I see it, I would much rather have tenants that have been in a while, have a history of paying on time, and are taking care of their unit than to have an empty unit.
But when purchasing, I would be nervous if a seller suddenly fills vacancies unless I have the ability to examine their application and new lease thoroughly.
It's a real hit or miss scenario. I could see buyers going either way on this...either wanting it fully occupied or preferring to vet the new folks themselves. --73.25.xx.xxx
Improper Notice to Quit (by 6x6 [TN]) Posted on: Jan 10, 2021 8:34 PM
Mine has an automatic renewal built in with two options.
After 1yr it would renew for another year for 30/m for 12m and repeat.
Or, After 1yr it would renew to M2M for 50/m for 12m and repeat. --73.120.xx.xxx
Improper Notice to Quit (by 6x6 [TN]) Posted on: Jan 10, 2021 8:36 PM
The lease also states that the LL or tenant is to give the other a 30 day notice. --73.120.xx.xxx
Improper Notice to Quit (by JB [OR]) Posted on: Jan 10, 2021 8:38 PM
But this may be Jeff's last chance to get some complaints of his chest. I don't know what I would be thinking/acting once I suddenly decide to sell off all of my props. Could create some anxieties I imagine with lots of tinges of second thoughts. --73.25.xx.xxx
Improper Notice to Quit (by Jeff [CO]) Posted on: Jan 11, 2021 8:53 AM
RockyMtnLL, I don't worry about legal fees. My relations with my tenants tend to be really good. On those rare occasions, I will take any litigation to the mat if I think I'm right. I should be doing something for the tenants with these showings.
JB, I have a 4-unit building under contract and the prospective buyer is viewing the property today. Two of the tenants wrote to me saying that they were sorry to see that I was selling it.
I actually do have some second thoughts. One of my 11-unit buildings is a cash machine. The mortgage is just over $2200 and it generates over $12,000. --76.120.xx.xxx
Improper Notice to Quit (by 6x6 [TN]) Posted on: Jan 11, 2021 9:11 AM
Jeff, What is your total monthly cost on the 11-unit?
What is your NOI? --73.120.xx.xxx
Improper Notice to Quit (by JB [OR]) Posted on: Jan 11, 2021 11:56 AM
That is a great cash flow for sure.
Jeff, have you decided what you will do with the proceeds of these properties/how you will invest that money? --73.25.xx.xxx
Improper Notice to Quit (by LisaFL [FL]) Posted on: Jan 11, 2021 11:56 AM
I spell it out in writing given specific examples and I resend it with every renewal.
30 days notice to terminate must be given. Notice must be given anytime during the month prior to you last desired month of tenancy. For instance if you want August 2021 to be your final month you must give notice anytime in July 2021 that August will be your final month. Last month’s rent is no prorated and must be paid in full.
I still have people try to pull the whole notice on September 3rd that September is their last month and I have to refer them back to the twice process. I think they “know”, just try to see if they can get away with it.
I have had cases where someone moved very early in the month and left the house move-in ready. In the case where I am able to get it rented and charge the new person for one or two weeks of the month paid by the departing tenant, I will refund the previous tenant that amount. My goal is stay “whole” and not be enriched by a quality departing tenant. --216.186.xxx.xx
Improper Notice to Quit (by Sandy [CO]) Posted on: Jan 11, 2021 11:33 PM
Jeff & LisaFL, I have the same policy. 30 day notice and at the end of any month whichever is longer. It seems to work really well. I usually get a clean rentable property back and everyone is happy. I do inform them that one the one hand they’ll have to pay rent for that final month, BUT I soften that by telling them that if they leave it in rentable condition and I can get it rented quickly, I will refund them those days that the property is re-rented. --89.45.xxx.xx
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