Need Advice-Lawyer Mudding The Waters?
I've just hired a Real Estate Lawyer who is going to send my Tenant a strong letter about his lease being up and self-ending on Aug. 31. Under the circumstances, I told my Lawyer that was way strong a letter and that I wanted to include offering some more days for him to leave. Lawyer advised against this. Send Tenant his letter and let Tenant respond.
Under normal conditions, this I feel would have been appropriate, however, back on July 24, I entered into a Contract For Sale & Purchase on the apartment with this Tenant. On Aug. 12, this Contract was cancelled by me with just cause. Tenant thought up until then that he was going to buy the apartment, so he wouldn't have been looking for another one to move into. His Brokers had screwed up royally and then as scare tactic to revive the Contract used the word "discrimination", which my Tenant of 3 yrs. knows positively knows is not true, and admittedly angered me that he could be a part of that accuesation.
I know this Lawyer's letter is going to anger my Tenant. I just want him to leave peaceable and we each go our ways. I emphathise with him & his family having to move so swiftly.
I really would appreciate members advice based on your own experience or thoughts on how to address this. Thanks.
Joan 
[ Edited by earl45 on Date 08/23/2003 ]
Is this tenant paying rent? If not, how long do you want to allow him and his family free rent?
If the tenant is still paying rent, and you allow him to continue renting beyond the expiration of his lease he becomes a tenant at will.
I agree with your attorney.
My advice is still the same as before: Run your rental business as a business.
Good to hear from you Dave T.
Tenant's lease expires August 31st I applied his last month's rent security deposit to the August rent. I am willing to give him an extra 15 to 17 days, provided he pays for that extended time.
Real Estate Lawyer has told me that I didn't even need to give him a notice of the lease expiration date, which I had done mid July and again on Aug. 12 when purchase contract was nulled. The Lease rental agreement is "self-ending" as per State of Florida and the legally binding contract it was made on. I always use Association of Realtors form as approved by the rules regulating the Florida Bar as opposed to my creating a contract.
Joan[ Edited by earl45 on Date 08/24/2003 ]
If you are living in an apartment without a written lease, and have the permission of the landlord, you are a Tenant at Will. This type of tenancy is also known at a month-to-month lease because you are still required to pay rent every month. Before you move in, you and the landlord will agree upon how much rent you will pay and which utilities you will be responsible for paying. As with a written yearly lease, you have the right to "lawful and exclusive possession" of your apartment. This means that the landlord cannot enter your apartment without your permission.
When your lease expires or the landlord ends your tenancy but you stay in the apartment, you are a Tenant at Sufferance. Technically, under the law you do not have a tenancy. However, the law does not consider you to be trespassing because at some point in time the landlord agreed to rent you the apartment.
Landlords who receive rent from tenants in this situation must mark checks and receipts with the words "for use and occupancy only" -- if this is not done the acceptance of rent creates a new tenancy at will.
By allowing your tenant to "holdover" you risk creating a new Tenancy at Will. If the tenant does not vacate on time, a court appearance may be required to obtain an eviction order. In some states, such as GA and MD, a tenant at will is entitled to a 60-day notice of termination. You will have to check your local landlord-tenant laws for the termination notice period in your state.
Disclaimer. This Information Is Not Legal Advice. This web site has been prepared for general information purposes only. The information on this web site is not legal advice. Legal advice is dependent upon the specific circumstances of each situation. Also, the law may vary from state to state, so that some information in this web site may not be correct for your jurisdiction. Finally, the information contained in this web site is not guaranteed to be up to date. Therefore, the information contained in this web site cannot replace the advice of competent legal counsel licensed in your state.
Thanks much Dave T.
Good info for me when I talk with my Lawyer tomorrow. Hopefully, Tenant has by now found a place and will give up Apt. at Lease termination date August 31st.
If no response from Tenant to my Lawyer's letter, which by the way STILL HAS NOT BEEN SENT!! I will have no recourse but to go for a 3-day eviction notice Sept. 1st as per State of Florida and as my lawyer advises me.
Hopefully, Lawyers letter will be finalized tomorrow and I can get a copy and have someone also hand deliver a copy to him as well as the one Lawyer mails.
Joan
Update: Tenant calls me at home, asks for more time to move out. I ask if he got a letter from my Lawyer, Tenant says no.
So I tell him he needs to talk to my Lawyer and give him his phone number.
I call my Lawyer in the afternoon to inquire if Tenant called him for an extension. Tenant's Brokers are now offering a new contract for $50,000. My armpits flood, oh, no, not again. I counter with $52,000. My original price back in July was $45,500. 4:00 p.m. Lawyer tells me the deal: I pay for ALL of Buyer's closing costs and I will get an additional $3,200. No way. I do not accept offer.
Then apparantly Tenant's family brokers "boo" down my Lawyer saying the original contract is still on, that my Tenant intends to stay in the apartment. I really took a dive emotionally, like my hands are tied behind me and I'm gonna have to sell no matter what.
Faxed a ltr. to my Lawyer and informed him of facts of orginal contract. He came back to brokers with very short and to the point letter that the July 24 contract was cancelled and the reason.
08/29 was to have been our closing date.
The thought passed my mind that they showed up for closing in spite of everthing. Now it's a Holiday weekend, so everthing on hold until Tuesday.
I do believe my Lawyer is finally getting a grasp on the people he's having to deal with and their tactics. He is proceeding in the best correct way now that he's finally taken the time to read my documents.
I am very grateful to have found Creative Investor and for all its knowledgable members. Best wishes Joan [ Edited by earl45 on Date 08/30/2003 ]
Update: 08/31 Low and behold Tenant called and gave me one hour's notice this afternoon to come over, get the keys and do a walk through.
It was a call I didn't expect to receive. The threats are finished. Hiring an excellent, though busy Lawyer was definitely my best direction.[ Edited by earl45 on Date 08/31/2003 ]