 Extra days (by TXgal [TX]) Jan 5, 2015 9:12 AM
 Extra days (by Bill [TX]) Jan 5, 2015 9:20 AM
Extra days (by Nicole [PA]) Jan 5, 2015 9:38 AM
Extra days (by TXgal [TX]) Jan 5, 2015 9:48 AM
Extra days (by CTLL [CT]) Jan 5, 2015 10:33 AM
Extra days (by Suzanne [NV]) Jan 5, 2015 11:02 AM
Extra days (by TXgal [TX]) Jan 5, 2015 11:47 AM
Extra days (by S i d [MO]) Jan 5, 2015 12:14 PM
Extra days (by TXgal [TX]) Jan 5, 2015 2:30 PM
Extra days (by p m h [TX]) Jan 5, 2015 3:04 PM
Extra days (by TXgal [TX]) Jan 5, 2015 4:27 PM
Extra days (by Lana [IN]) Jan 5, 2015 4:31 PM
Extra days (by Gruvin [TX]) Jan 5, 2015 7:17 PM
Extra days (by Vee [OH]) Jan 5, 2015 7:22 PM
Extra days (by TXgal [TX]) Jan 6, 2015 10:17 AM
Extra days (by BRAD 20,000 [IN]) Jan 6, 2015 11:21 PM
Extra days (by TXgal [TX]) Posted on: Jan 5, 2015 9:12 AM
Message:
State Specific Question About: TEXAS (TX)
I had a renter give me his 30 day notice to vacate along with the re-letting fee, as stipulated in my lease. My lease is for a 1 year period but I also have an escape clause in this lease. The renter can break the lease at any time PROVIDED a written 30 day notice to vacate is given along with a $150.00 re-letting fee.
(Long story here but it has worked well for me with this renter)
He was to be completely out by December 31st. On the 31st he came to my door around 4 p.m. and said he thought he could get the one last load yet that evening because all that was left was his bed and a massage chair. I told him it would not be a problem for me if he waited and picked his stuff up the following morning....and that I would not charge him for the extra day.
He did not get his stuff out until January 3rd. Typical of this renter. If I gave an inch he always took a mile.
Legally, I believe I can charge him for the month or until I have the unit rented again, is that correct???
I would just like to get some input on this. --107.202.xxx.xx |
Extra days (by Bill [TX]) Posted on: Jan 5, 2015 9:20 AM
Message:
Legally, maybe. Personally, I would not charge more than 3 days.
--75.20.xxx.xxx |
Extra days (by Nicole [PA]) Posted on: Jan 5, 2015 9:38 AM
Message:
I'd view it as "no harm". Were those items preventing you from doing whatever you needed to on the 1st, 2nd, and 3rd ? I'd guess not or you would have told him on the 31st that everything had to be out then. --72.95.xx.xxx |
Extra days (by TXgal [TX]) Posted on: Jan 5, 2015 9:48 AM
Message:
I had no intention on doing the "make Ready" on January 1st which is why I told him he could use that extra day. I was not comfortable working on the place with so many of his belongings scattered about. I also will not place a new "For Rent" ad until I am sure the renter is completely out.
I really have no intention of actually charging him for more than 3 days (if at all) ......I am just trying to find out where I stand legally. This guy is full of threats and I am seriously GLAD he used the escape clause.
I know that in the future when I put an escape clause into my lease I will also have to spell out extra terms.
Most times Renters will back up if they know that I have the OPTION to do other things. I am not interested in "winning" I just want to know where I really stand. I have NEVER dealt with a renter like this.....and I have been a Landlord for almost 40 years now. Thanking you all in advance for your thoughts.
--107.202.xxx.xx |
Extra days (by CTLL [CT]) Posted on: Jan 5, 2015 10:33 AM
Message:
He took advantage of you allowing the extra day. And as you stated, you gave him an inch and he took a mile. So I would say, forget it. Next time don't try to be so nice and accommodating especially if you know the tenant will take advantage of the situation - like this one did. --68.9.xxx.xxx |
Extra days (by Suzanne [NV]) Posted on: Jan 5, 2015 11:02 AM
Message:
Think like a tenant. It was New Years a Eve, so the 1'st is a given plus two days to recoperate from the hang over.......Make sense?? --98.160.xxx.xxx |
Extra days (by TXgal [TX]) Posted on: Jan 5, 2015 11:47 AM
Message:
Thanks Suzanne.....I actually did laugh out loud !!! --107.202.xxx.xx |
Extra days (by S i d [MO]) Posted on: Jan 5, 2015 12:14 PM
Message:
Another option may be to treat it like a hold-over scenario.
In Missouri, the law says a land lord may charge DOUBLE the normal rate for each day held over past the end of the term, which since you had an early termination agreement the term ended on Dec 31st. So I'd charge for 3 days at 200% the daily rate, billed against the deposit.
What does your state say about hold over tenants? --108.250.xxx.xxx |
Extra days (by TXgal [TX]) Posted on: Jan 5, 2015 2:30 PM
Message:
Hey S i d: I will check into that....! Thanks. --107.202.xxx.xx |
Extra days (by p m h [TX]) Posted on: Jan 5, 2015 3:04 PM
Message:
Extra days (by TXgal [TX]) Posted on: Jan 5, 2015 4:27 PM
Message:
One of my favorite songs p m n. The other would be Taylor Swift....Shake it off !!
I hope you all understand I am just looking for ammo......I feel sure I will need it because the ugly emails have already begun. I am NOT "out to get the guy" I just need to get him to leave me alone ! --107.202.xxx.xx |
Extra days (by Lana [IN]) Posted on: Jan 5, 2015 4:31 PM
Message:
I charge rent until they hand over the keys and possession. I imagine he kept the keys until he got his stuff out, so he possessed the unit. I give people an extra day or so at the beginning to be nice, but my Lease and Move Out Letter both make it clear rents continue until the key is turned over. If they leave possessions after key return they become forfit and they pay for the removal. --198.162.xxx.xxx |
Extra days (by Gruvin [TX]) Posted on: Jan 5, 2015 7:17 PM
Message:
the legal answer is yes, you are entitled to 3 days hold over rent at 3 times normal daily rent. Since there is ZERO teeth in the court system/judgements in TX(tenants typically hold no land/property to lien against) - let it go... --99.126.xx.xxx |
Extra days (by Vee [OH]) Posted on: Jan 5, 2015 7:22 PM
Message:
The best ammo is that which you have gleaned from court, otherwise the cost of a legal backfire can be -the shot hear round the block- and the tenant wins money and time. I would return the damage deposit accounting statement with one of the deductions being 3 days rent, next item for you is printing out your local and state tenant laws so you can have a mental reference when you visit housing court to see how the legal verbiage meets the courtroom. --75.94.xxx.xxx |
Extra days (by TXgal [TX]) Posted on: Jan 6, 2015 10:17 AM
Message:
THANK YOU ALL for your input and great advice too. I might charge him the 3 days of regular rent but I am still mulling it over. He actually voided the Escape clause because he did not follow through with all steps necessary to break the lease. The clause also states that failure to preform ALL STEPS voids the escape clause.
I will send him copies of the Texas property code and also insert parts of my lease that he signed. I will probably end up deducting nothing......and just enjoy the fact that he is OUT ! --107.202.xxx.xx |
Extra days (by BRAD 20,000 [IN]) Posted on: Jan 6, 2015 11:21 PM
Message:
TXgal,
I get your thinking...need a hammer.
My lease is clear: hold over daily rate is double.
We send a move out letter when the give notice, reminding them of this lease provision.
The mistake was when he asked, your reply should have been " just remember it's $50 per day". Casul answers bet casual results.
My bigger concern is not having an Early Lease Termination Fee.
This common situation would have brought in another month's rent or more.
Our ELT is $500 over the rent. Some here charge and get 2x rent.
You walked away from big dollars.
When they pay me an extra $2000 to leave, I don't fret about a little flexing.
-Brad
--67.175.xx.xxx |
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