they gave notice they were moving cause they were buying a house but the deal fell through right before they were moving I already have a new tentant for this apt can i still have them move out It not my problem they didnt get the house but they already gave me notice and then they didnt pay this months rent they told us to use our security
2006-08-28 03:31:07 · 11 answers · asked by roberta 1 in Business & Finance ➔ Renting & Real Estate
If it is in writing, they must go. If not, court.
2006-08-28 03:37:11 · answer #1 · answered by helixburger 6 · 0⤊ 0⤋
Tenants do get more of a right than landlords but...If they gave notice, they haven't paid, and you have a new tenant then I would say that you have every right to make them move. If they don't then take them to court! Not only will they have to move but you should make them pay you any rent costs until they move, plus the loss of first and last months rent from the other people who were suppose to move in. It is really too bad that they did not get their house, but this is not your fault or your problem! Even if you don't have it in writing (although that would be better), they obviously let you show people through the appartment because they were moving, the people who are suppose to be taking over could help you win your case!
2006-08-28 03:42:47 · answer #2 · answered by stangwoman 3 · 0⤊ 0⤋
You have the right to ask them to leave...I know it must not feel good to ask them to..but since the apt. has already been rented (you can get sued by this person for breech of contract) they are no longer entitled to stay there...You can however contact the NEW tenants and explain that you're giving the OLD tenants ...30 days to find a place..I'm not sure how the laws work in your state..but sometimes it can favor the OLD tenant...because they are still there..Ask them to pay you for the time they are living in the building as well..You may have to return the other peoples money IF they don't want to wait to move!
2006-08-28 03:41:31 · answer #3 · answered by just me 4 · 0⤊ 0⤋
Yup, ask them to move. You have other things to take care of, such as new tenants.
It is their probelm that the deal fell thru. Not yours.
See, the show is on the other foot. Now, is your problem of not being able to rent to a new tenant becomes their probelm? Do they agree to it? I guess not.
That's the way the cookie crumbles. Just strictly say NO to continue renting to the old tenants and ask them to vacate.
I hope you have their notice to vacate in writing. Even if you don't they don't have a leg to stand on. They already let people come thru their apartment for showings. So, they knew fully well what's going on and they have to vacate.
Just be firm - file a notice with the courts, just in case.
2006-08-28 03:57:04 · answer #4 · answered by Nightrider 7 · 0⤊ 0⤋
First of all you are within your rights to ask them to move. Second a security deposit is not a last month rent and therefore you can not use it as a rent payment, unless you have explained that to them and they have instructed you to use it anyway. Thirdly you have to give them the proper notice for non payment if they don't move by when they told you in accordance to your state's land lord tenant act. If they don't move then you must realize that they have legal rights as tenants holding over without permission and you will need to file a suit for eviction and restitution.
2006-08-28 03:49:57 · answer #5 · answered by newmexicorealestateforms 6 · 0⤊ 0⤋
Yes, you can require them to move. If they fail to do so, they are "holding over" and you can charge double or treble rents in most jurisdictions. You can also start immediate eviction proceedings as well. You have a legal obligation to your new tenant and must provide the property to them on the date arranged.
Additionally, they CANNOT use the security deposit for the final month's rent. You should demand that they pay the rent immediately. If they refuse to pay it, you should start immediate eviction proceedings. A security deposit is NOT advance rent, it's a guarantee against damage to the property.
2006-08-28 03:40:28 · answer #6 · answered by Bostonian In MO 7 · 0⤊ 0⤋
You have every right to have them vacate, especially if you have new tenents lined up. They would actually be responsible for any cost incurred if you lose any perpective tenants while they are trying to make arrangements.
The number one rule in landlording is not using the security deposit and in some states it is actually illegal to do. You are now more than likely going to be out of pocket some money if they don't move out in a timely fashion. I would file the eviction papers even if they verbally agree to move. Just in case.
2006-08-28 03:40:58 · answer #7 · answered by Sam B 4 · 0⤊ 0⤋
yes you can still have them leave. They submitted their notice to you and it's not your fault the home buying fell through. However, it seems like they may not be willing to move and may force you to file eviction. I would call the magistrate and see what your options are because you may have to give them their 30 day notice to vacate. If this ends up being the case, the tenants you have lined up to rent may not have that kind of time
2006-08-28 04:46:41 · answer #8 · answered by purpleama456 4 · 0⤊ 1⤋
Go to court, since they did not pay rent, and you already have new tenants waiting. This is a prime example as to why it is very important to get things in writing!!
2006-08-28 03:38:51 · answer #9 · answered by *~HoNeYBeE~* 5 · 0⤊ 0⤋
wow...you need to talk to a lawyer, or a renting board...I know the rules for NJ, because I used to rent, but I have no idea where you are...that is a shame all the way around!
It isn't their fault it fell through either, but I hope the new tenant has a plan.
2006-08-28 03:39:10 · answer #10 · answered by fairly smart 7 · 0⤊ 1⤋
I would say if they gave their notice in writing, then you have the right to make them move.
2006-08-28 03:37:10 · answer #11 · answered by Anonymous · 0⤊ 0⤋