I have a five year tenant who gave me notice to move out on july 2. Rent is due on the first so was the notice. I accepted the notice. They did not pay July rent. They stated they were moving out on the 23rd but wanted possession until july 31. Our agreement reads the keys shall be returned at noon on the last day. So tomorrow I plan on going there at noon and scheduled their walk thru at that time. They have utilities to be shut off on Aug 1st. Just now received a text message that they want the afternoon to move and want me to prorated a day of rent. (Remember they didn't pay July rent $2700) they have been using "word salad" as it 'we were going to pay...' read that Going to Pay... Anyway their words are not solid. And they have forced me to use their deposit($1800) to put towards july rent and I know they haven't cleaned in five years. I totally want to be corporate but there is a devil on my left shoulder telling me Don't believe them. Also in my state if they hold over rent doubles. I have already spoke to legal and will file Monday if they are not out. I need them gone. Will still file for back rent and damages but how to reply to the text message that they will not be out by noon in Friday. I was there Wednesday and nothing had been prepped for moving. The devil wants to say "why because you paid July rent" or some meam girl reply. Im going in to have to allow (another squeeze plan on their part) but what do I say. It's in our agree lease ends at noon. Help. --172.59.xxx.xxx

Subject: Urgent: Lease Agreement Expiration and Outstanding BalanceDear [Name],This email serves as a formal reminder regarding the expiration of our agreement.Please note the following critical terms:End Time: The agreement terminates strictly at noon on [Date].Holdover Fee: Remaining past noon incurs a double rent penalty.No Proration: Holdover fees will not be prorated for partial days.Unpaid Balance: Our records show that July rent has not been paid.Please remit the outstanding July rent immediately and ensure the premises are vacated by noon to avoid holdover penalties.Sincerely,[Your Name] --172.59.xxx.xxx

My council has told me to plead the fifth. (Thinking I shall say nothing just should up tomorrow and change the locks) --172.59.xxx.xxx

Don't change the locks until they return possession or you'll be in a world of trouble. The most important thing to do is to stay calm, we've all been there. If it happens again in the future, after rent isn't paid on time, file on the first day that you're allowed to. This will protect you during situations like this. If they aren't out by tomorrow at noon, I would file that day. Don't reply to the text message and especially don't acknowledge or agree to allowing them another day. Just "Thank you for the update". --143.105.xxx.xx

Thanks Jason. How about "Thanks for the update. Does 4pm work for our wall thru?'' Im OK with changing the time but the lease clear states last month is not prorated and hold over is double rent which is also the state law. --172.59.xxx.xxx

Thanks Jason. How about "Thanks for the update. Does 4pm work for our wall thru?'' Im OK with changing the time but the lease clear states last month is not prorated and hold over is double rent which is also the state law. --172.59.xxx.xxx

That’s good in my book. If they hound you again about the rent and you don’t want to be direct, you could always say, I’d have to check the lease and get back to you. And then forget. That’s if you don’t want to be direct. --143.105.xxx.xx

I may very well be wrong in my thought process, but would it not be more beneficial to state that they still owe rent for the whole month of July, the lease states, on page ## and clause %%, that move out time is by no later than noon on the last day or otherwise you will be paying a holdover fee of $X per day of holdover. Just ignoring the text seems to leave everyone in limbo and almost grants permission. You could send that to them in both text and email and put it in the text that you also sent them an email. At least that way everybody knows where things stand. I do realize though that I lack the experience of others. --73.19.xxx.xx

I do have a question though. Did you send anything to them, like an email, showing them the section of the lease? --73.19.xxx.xx

6x6 yes. The lease clauses in regards to move out and the move out sheet provided at move in. I offered and the wife replied to provide the copies (perhaps the husband has the original? ) and that was delivered on Wednesday. So she is fully aware. Also note on July 17th after he said he would pay and didn't I posted notification on door Demand for Rent and the lease causes that says I would be filing. He keep saying he's going to and im suppose to hear he will pay but his words are no good. Anyways I will reply. Offer another time but no prorated (I think that is another tactic to reduce cost that I will file for with the courts) --172.59.xxx.xxx

I was also going to say, that is not the devil on your left shoulder but rather common sense. --73.19.xxx.xx

I sent this; As per our agreement there is no pro rating at move out. Aug 1st is considered a hold over. We can move your walk thru to Aug 1 st at 2pm. Please confirm. --172.59.xxx.xxx

On July 2nd, my notice would have been sent around the same time they sent notice to me. My response to them would be along the lines of: I am doing you a big favor, but I will accept this short notice. Please do not make me start eviction for unpaid rent - and mess up your landlord history for the future - while you are on the way out already anyway. The company's SOP gives me no choice but to begin the proceedings no later than the 6th day that rent is late. So make sure it is paid in full before then. You have been great tenants for the last 5 years, I wish you all the best in your new home. --72.218.xx.xxx

Then in a few hours they return with cash in hand.. --47.156.xxx.xx

Then say nothing else. Silence is a powerful tool. --98.17.xx.xx

Would the real Plenty, please stand up ? --204.10.xxx.xx

Get tough on them, then go have lunch. --47.227.xx.xxx

Notice of late rent was posted after his word to paid went unfilled. I will file on Monday if they are not out. They continue to plead 'not understanding the hold over' i will go there at noon today to gather proof of any hold over. Or maybe they will be gone. We have confirmed a walk thru day and time. This resident is consistently reminding us that they are of a certain race. So treading lightly and sticking to lease agreementand paperwork. July rent is still unpaid. They have every opportunity to correct any wrong doings. As the hole keeps getting dug deeper. Next few days will tell. Thanks for the feedback --172.59.xxx.xxx

Have had the race card as well as the disability card thrown my way. I don't play catch with deadbeats. --47.227.xx.xxx

Zero indeed. Walking on egg shells and for no reason. --172.59.xxx.xxx

Your proof of not being prejudice would be the fact that you rented to them in the first place. --73.19.xxx.xx

Indeed. Totally welcoming. However folk still walking around getting prompt by ?Who? To default in that manner. --172.59.xxx.xxx

Getting prompt by their peers. --73.19.xxx.xx

Yes the hold over can apply, but only if they holding over AFTER paying what is due initially. --98.17.xx.xx

What 6x6 said. if you were 'racist' ™ you would have never rented to them to begin with. I always laugh at these youtube court cases where minorities try to accuse their housing providers of racism during eviction. --64.246.xxx.xx

After what? In Missouri it's if they hold over after giving notice to vacate. Nothing to do with payment. --172.59.xxx.xxx

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. --172.59.xxx.xxx

Update? I hope that it was uneventful for you all. --143.105.x.xx

Update. Their 20 year old son who moved out a year ago showed up with a buddy to help thos parents move. This was on Friday july 31 their last day. The kid actually phone on Saturday asking on behalf of his parent's if they could pay for a few more hours on Aug 1st. Anyways the kid and his buddy got real busy and worked all day & night on the 31st and in the 1st. Son was talking total adult like and understood the situation the parent's got themselves into. Today Sunday Aug 2nd we meet the son there and he is so polite and quite the gentleman and adult. He let us in. We had a nice chat. We walked thru. There is still alot of small stuff there and a piano. Thebson explain some family dynamics and that all makes sense. He made no excuses but was totally solution thinking. He gave us his key. Said he's totally done helping the parent's with moving out. We talked about boundaries and responsibilities and drawing lines with family. That was around noon. At 2:30pm today Aug 2 I send the parent's a text "are you don't moving and giving us possession " they replied back that by Aug 3rd afternoon they would have everything out and keys on counter and will text me a picture. When that Pic comes we'll go down and change the locks. Actually the home isn't in that bad of shape. They had the electricity turnoff on Saturday so they have no ac or lights. I'll turn it on after locks are changed. So they still own for July rent. And double rent for Aug appox $8k. And then for the legal filing on Tues and other cleaning close in the lease. It will ve $10k when the lawyer gets the final outstanding amount. Almost thru it. All glory to God ... been praying for the safe return of this high end unit. --172.59.xxx.xx

I hope you can read over my typos! Thanks for asking. Keep pray for this family, the safe return of the unit and the best possible outcome --172.59.xxx.xx

The best to you. Glad it seems to not be in too bad of condition. --73.19.xxx.xx

See if you can get a forwarding address. It will probably come in handy. --174.60.xx.xxx

For sure. Always. Anyway they are still there moving as of 7pm tonight! I woukd have filed today but the mother kindly replied she would be done today (Monday) in the afternoon. So the afternoon came and when so i drive fown there and heard them in the condo talking and moving somethings. Tomorrow l'll check again for activities and file. They are not living there and they turned off electricity on Aug 1st so no air conditioning or lights and it's getting dark. --172.59.xxx.xxx

Finally at 4pm today I got some of the keys back. I also now own a piano and wonky chairs and table. And found 78cents. Tomorrow lunch is going to be amazing! Next filing for damages. Geez. --172.59.xxx.xxx

But hey, you got the place back with minimal damages. Accept the victory for what it is. --172.56.xxx.xx

Got it back and won a piano. That's awesome. Now some piano lessons to make music, unless you already know how to play. --73.19.xxx.xx

Don't forgetnthe accounting. --174.60.xx.xxx