Read your lease.
Most leases state that there is a ___ day notice required at any time. Also most leases state what a hold over tenant is, and what is required of them.
IF your lease has those terms, it will be clear. Sometimes, in fact, the terms state that the notice Must be recvd. by the 1st to be effective by the 1st of the specified time.
So, there is a good chance that he is liable for 30 days. Lastly, verbal notices are oftentimes void, so he should be giving you his notice in writing.
But, read your lease and the landlord/tenant law for your area.
This is not legal advice, but the statement Fixed Term Lease to me means a Fixed period of time. If the tenant is leaving early form the initial agreement, you are entitled to rents. If you verbally extended the terms of the lease it would be hard to prove until it was in writing.
He is only liable for the terms of the initial contract through June 30th. There should have been an additional contract sent to him (or an addendum) when you approved the additional time and had him sign. It seems to me it is like the renter that says they will rent the place, but never comes back with the deposit money. It is not truly rented until a contract and money are in hand.,
If it is a fixed term lease, there is more than likely no notification clause. It sounds, unfortunately, that you were in the negotiation process of a new term and it fell apart.
Not being able to read the lease though it would be hard to give an accurate answer.
Good Luck.[ Edited by dnvrkid on Date 06/14/2008 ]
$100 app fee? wow, i dont know if you would get that if it were legal.
3 filing out an application is great; they must have liked something to drop $20 like that. I would bet you are charging to much for rent, if its that easy to find a better deal...you said 1 or 2 days?
Maybe give 1/2 first month (on the spot)...if the applicant makes a good first impression.
If our tenants do not purchase them, we purchase the 3 month filters to make sure they last.
We also charge the tenants $30 for an air filter change out.
We use the washable ones for our personal residence but prefer the 3 month replacements for the rentals.
The "BEST" are HEPA or electrostatic, but they are big bucks. When I was looking I just googled around.
I was talking about something line this:
http://www.ontimemall.com/f300e1019-honeywell-electronic-air-cleaner.html
Read your lease.
Most leases state that there is a ___ day notice required at any time. Also most leases state what a hold over tenant is, and what is required of them.
IF your lease has those terms, it will be clear. Sometimes, in fact, the terms state that the notice Must be recvd. by the 1st to be effective by the 1st of the specified time.
So, there is a good chance that he is liable for 30 days. Lastly, verbal notices are oftentimes void, so he should be giving you his notice in writing.
But, read your lease and the landlord/tenant law for your area.
This is not legal advice, but the statement Fixed Term Lease to me means a Fixed period of time. If the tenant is leaving early form the initial agreement, you are entitled to rents. If you verbally extended the terms of the lease it would be hard to prove until it was in writing.
He is only liable for the terms of the initial contract through June 30th. There should have been an additional contract sent to him (or an addendum) when you approved the additional time and had him sign. It seems to me it is like the renter that says they will rent the place, but never comes back with the deposit money. It is not truly rented until a contract and money are in hand.,
If it is a fixed term lease, there is more than likely no notification clause. It sounds, unfortunately, that you were in the negotiation process of a new term and it fell apart.
Not being able to read the lease though it would be hard to give an accurate answer.
Good Luck.[ Edited by dnvrkid on Date 06/14/2008 ]
Thanks for the advice Finn. The most confounding thing is that they always tell me that they like the place, like the area.
Have you thought of raising your application fee?
Maybe also renaming it and making it totally non-refundable in case of tenant default?
[addsig]
Would a $100.00 non-refundable fee help to resolve your problem?
[addsig]
There are landlords here that require the deposit when prospective tenants submit an application. Perhaps that is an option.
$100 app fee? wow, i dont know if you would get that if it were legal.
3 filing out an application is great; they must have liked something to drop $20 like that. I would bet you are charging to much for rent, if its that easy to find a better deal...you said 1 or 2 days?
Maybe give 1/2 first month (on the spot)...if the applicant makes a good first impression.