Need Sanity Check
MTM tenant gives 30 days notice about moving out at end of the month. When the time comes, she leaves a bed frame, lamp, rug, some clothes, and a wall size music center stand in the apartment. And what’s worse, she doesn’t return the keys. I call her on the first of the month and tell her she’ll be charged for each day she hasn’t surrendered the apartment. So finally she calls back and asks to meet on the 7th. When we meet, I tell her that in addition to the broken window, I’m charging her for the 7 extra days of rent and the cost of getting this stuff out of the apartment. She flips. Starts screaming about how “This isn’t right” and that I’m “all about the money.” She then threatens to take me to court and storms out. My lease states that the apartment needs to be left in the same condition in which it was rent out. I’m happy to sweep up or mop the floor after she leaves, but I’m not breaking my back dragging her crap to curb for nothing. What do you think? Am I wrong (or petty) to charge her for the seven days she overstayed her tenancy and for leaving this stuff behind?
Your state or local laws will determine what you have to do with the stuff she left behind. Leaving stuff is not the same as still occupying the unit.
BTW - why were you so concerned about her not returning keys? All landlords should keep an extra set and all landlords should change the locks when the tenants leave. If I have tenants who are screaming at me when they leave I change the locks twice - once when they leave and then when the new tenants move out. All my tenants get brand new deadbolts the day that they move in.
Oh, and do not worry, all upset tenants threaten to sue and yes, it is about the money.
Quote:
On 2005-10-08 12:00, bgrossnickle wrote:
BTW - why were you so concerned about her not returning keys? All landlords should keep an extra set and all landlords should change the locks when the tenants leave. If I have tenants who are screaming at me when they leave I change the locks twice - once when they leave and then when the new tenants move out. All my tenants get brand new deadbolts the day that they move in.
Regarding the keys.
Not that the locks shouldn’t be changed. But I suppose a tenant could claim they weren’t done moving out. Especially if there were still stuff left in the unit. You think?
Just a thought.
Thanks bg. All my new tenants also get new locks. But the combination of her leaving so much stuff behind and not giving back they keys created the impression that she hadn’t completely moved out. In fact when she returned my call on the first, she didn’t say, “Hey I moved out,” she said, “Can we meet on Friday to do the inspection and finish everything.” And when we finally did meet yesterday, she took some of that stuff with her. Anyway, I guess I was just curious if my deductions from her security deposit were justified.
In FL, if your leases states it - you can move their stuff to the curb. I always tell my tenants that they need to take all their stuff with them and clean the place (I have a detailed list). I also tell them that my handyman will be there the day after to do any necessary repairs, and if any of there stuff is still in the place that it will be moved to the curb and they will have to pay for his time.
Brenda
Holdover tenants are still tenants in possession. Always without key returned they have a valid argument. I am not moved out yet. I find it is cheaper to eat a few days lost rent than to tie yourself up in court. The law protects them the most in many states. Just my opinion.
Seems like the easy answer is pro-rate the rent. She had not returned the keys and had not moved a lot of the larger furniture. So she is still occupying the dwelling.
-- Yep, pro-rate rent for the days used. Seems clear if she asked to meet on a date to give you the keys, she was still moving. Rent is for days of Occupancy...
And, the fact that she removed some items shows she was still moving.
-- I always charge if I have to haul anything away.
-- Of course it is about the money, the cost, the business.
-- Oh, and I charge to clean the unit if it is not in the shape (clean) that the tenant moved into.