Tenant is moving out as I am selling property. They didnt pay their rent for April and sent me a letter explaining how expensive it is to move-security, moving fees, rent etc-and that they dont have enough funds to do so. They didnt have a conversation with me prior to not paying rent, they just didnt pay and then sent me a letter. In the letter they are TELLING me to please use ALL of the security and apply it through the end of May as they can't afford to pay for the fees associated with moving otherwise. Have any of you allowed a tenant to use ALL the security for rent for the final month or two? If so, how did you protect yourself? I would like th tenant to move so I want to work with them, yet not paying rent and then sending me a letter saying to use ALL of the security towards rent is not a way to win over a landlord. Again, ultimately I would like them to move so I'm not sure how to proceed. What would you all do? --174.109.xx.xxx

Now is the time to follow the regs for eviction bfor mom payment of rent. You should have filed the rent went unpaid --70.208.xx.xxx

Are they out of the house? --173.22.xx.xx

No, they are not out of the house. They said they found a place to rent beginning June and wanted to use the security to cover them until then as they don't have the funds to both pay rent and security etc for the new place. It does get rather expensive. It's tricky. I offered them keys for cash option to move out by June as I am selling. They havent signed the doc yet-nor did I. They have until the end of this month to sign. They just sent me the email saying they found a place for June but that they need me to use the security as rent. Honestly, I just would like them out and get on with selling my property. They had paid their rent on time for 6 years until now. They explained the financial hardship of moving and that they are trying to help me out by moving by June. I have heard of some folks letting tenants use the security for final month if they didnt think they would destroy the place. Not sure what to do because on one hand I would like them out without a hassle and on the other its unbelievable that they would just stop paying rent and then send me a letter 10 days later saying why. --174.109.xx.xxx

Was your cash for keys offer contingent on being up to date on rent? --24.61.xxx.xx

It was the standard cash for keys document it doesnt say anything specifically about rent. It has not been signed and now that rent has not been paid I am going to rescind it. --174.109.xx.xxx

If you're not mad by now, I don't know what else to say. I file eviction after rent is 7 days late. Professional mangers in my area file after 5 days. I'm a softie, as you can tell. (wink) --173.19.xx.xxx

Wow Sid! EXCELLENT response!! --32.215.xxx.xxx

I was very angry when I received that message. I felt like I was offering them a nice incentive to move out by x date and they pushed for more without my consent. Attempting to steamroll me because they know I'm selling. I've just never been in this position before so I'm trying to figure out the best way to proceed. This has been a tenant who paid their rent monthly without a hitch for over 6 years so this is not typical for them and they took good care of the property. I hear everything you are saying loud and clearly and I don't take it lightly. Just trying to hear everyone's input before I proceed. --174.109.xx.xxx

Get them out before they owe you any more than they already do! --131.151.xx.xx

Wow! Sorry to hear that happened to you. This tenant had always paid rent on time and cared for the property for 6. Years. I think they truly dont have the funds to put down on a new place as its quite expensive-realtor fee, downpayment, first months rent and moving fees. That said,they took it upon themselves to assume that I would be okay with using the security deposit for rent and didnt pay me rent and forwarded me an explanation why.I hear what everyone is saying and I will take heed to the advice. --174.109.xx.xxx

It is truly amazing how a GOOD tenant can turn BAD in an instant - usually when they need to move. A great reminder why we must always be professional. --68.105.xxx.xxx

--108.87.xx.xxx

Do you need the home to be vacant for the sale? --73.197.xxx.xx

the sale. --174.109.xx.xxx

Happened to me twice, for the same reasons. Couldn't afford to move otherwise. Instead of filing for eviction, which would have cost hundreds, I just let it go. I didn't have fears in either case that they would trash the place - in neither case were they those kinds of tenants. It worked out ok for me, but this is why I now take first, last and security at move in. --134.179.xxx.xxx

I think I'd call them and have an amicable conversation about their responsibilities as tenants. As a tenant, if I had taken great care of a rental property and paid my rent on time for six years, I would expect some degree of trust from the landlord that I would continue to do so and leave it in great shape. You just need to educate them about their continued responsibilities. Suggest avenues for a short-term loan, perhaps, and reassure them that you'll return the SD as quickly as possible after they're moved out. I don't think you have a lot to gain by turning this into an adversarial relationship. They could simply refuse to move out until their lease expires. Where would you be then? --204.210.xxx.xxx

How do I reply specifically to someone that responded to my post. --174.193.xxx.xxx

So for me they would owe April rent, May rent and any damages and their security deposit would not be used because it was forfeited according to KS statue. --165.201.xxx.xxx

Check the spelling or rent and then security, in my areas the tenant rules do not allow access to the deposit until the unit is returned to the manager, hire the court to do this as the are stealing - great response Sid! right now the lease is broken and you are donating to the charity of whatever the names are you used to know as tenants. --76.188.xxx.xx

Sounds like a lot of lost opportunity. --70.92.xxx.xxx

Busy, busy, busy WI--70.92 and Robin WI 204.210, I appreciate your input; however, the situation is quite different than you interpreted. I understand what you are saying; however, this tenant is on a month to month and once I sell the property if the owner wants to move in then the tenant would have to move out in a month and/or if a builder bought it they would have to move out in 2 months. Long story short, NJ laws prevent a landlord from asking a tenant to vacate-even if on a month to month lease-without due cause so I could not give a months notice. Selling a house is not due cause. Needless to say, I informed the tenant 2 1/2 months ago that I would be selling so they could prepare-either they could stay on through the sale or leave prior. The tenant tells me they are going to leave. Two weeks prior to the sale the tenant never looked for a place. I decided to offer tenant more time as they had been with me so long so I offered to hold off on selling until June if they were willing to sign a document stating that they would be out by June. I was also going to offer them x dollars if they moved out by June. They could choose this new option or I would just proceed as planned and sell the house in the next 2 weeks with them as tenants. I think I was quite generous. Needless to say they never signed the agreement but said they would begin looking and needed a reference-which I provided. Rent date comes around and I receive nothing. I contact them 5 days later with no reply. Nine days after rent was due they contact me and tell me that they found a place for June but said they can't afford to pay me rent and want me to apply ALL of the security deposit to cover their rent for the next month and a half. Busy busy and Robin, would you still handle the situation the way you stated prior? I'm all for constructive feedback and curious. I truly wanted to work with the tenant but once they stopped paying rent, without even a discussion prior,I felt that they crossed a line. --174.109.xx.xxx

Chris, here in Connecticut the state won't let you use the security deposit for rent.Has to be put in a separate account.Then if no damage to unit ,to be returned to tenant within thirty days to their new address,with a letter stating your findings.You san not use the deposit as rent.If you do I think there is a stiff fine.Don't know for sure,never had to do it. To counter-act a situation such as this, you have to get the last month's rent when the lease is first signed. of course the lease has president over any sale that would ever take place.so you really would not encounter a situation like this,ever............Charlie....................at least not in Connecticut............. --174.199.xx.xx

If you find significant damage, then file in court for nonpayment of rent. They won't show. You will win and then you get a judgement and can go from there to get the month's rent. Now you must document any subtractions from the security deposit or the kindly state of NJ will charge YOU up to two times the amount of that Security Deposit. You must have bills. Good luck. --73.33.xxx.xxx

Chris, you are good to puzzle these things out, ask questions. I'm learning a lot from this thread as well. I DO often offer choices, then, waver, offer more choices. I have to remind myself often, that when a tenant does nothing, they have chosen. --70.92.xxx.xxx