I have a couple of rental properties. Last month (August 1st) I told one of my tenants that I would be raising the rent by $30/month November 1st, giving them 2 months notice and is the first rent increase in almost 2 years. September 1st when he paid the rent he said that he was giving us his 30 days notice that he and his wife would be moving out. Currently month to month lease.
I texted him and his wife later that evening saying that I had the “Termination of Lease” paperwork filled out and when could we meet up to sign? They mentioned the next day at 5:30pm as they both would be home from work. At 4:30pm the wife texted and said “something came up” and wouldn’t be able to meet. They then agreed to meet the next Friday at noon as they both had the day off from work. I took a 1/2 day vacation and when I went there the wife said the husband left about an hour ago to get groceries but isn’t back despite her telling him I was showing up. She signed her part of the paperwork as they are both on the lease.
So far he hasn’t responded to any of my texts on when to meet, she said he would be available the following Sunday at noon and when I showed up they were not home. I have randomly stopped by and although there is evidence they are there (both cars in the parking area) they will not answer the door.
As lead times for tradesmen (trades people?) are several weeks out I already have work lined up and counting on them being out of the apartment.
How can I enforce this move out date when only 1 person on the lease has signed the lease termination paperwork and the other apparently refuses? I have plenty of texts (from her) saying the lease is ending. I have proof he is purposely avoiding me by not responding to my tests or being available at scheduled meeting times. Can I have the contractors show up on October 1st and start working? Can they continue to live there lease free and possibly not pay rent as there is no longer a valid lease? I haven’t advertised the property but have already had several inquires wanting to rent it as soon as possible.
My gut feeling is he gave the 30 day notice without realizing the rental market is tight and my rent rate was VERY reasonable for the area. Due to some other issues with them I have no interest in keeping them as tenants.
I’m not your lawyer and I don’t know what state you’re in or the applicable laws.
However, I don’t think any particular form is required for notice of termination. They sent you a text terminating the month to month. I’d send them a certified letter saying that based on that you expect them to be out at the end of the month and informing them that the trades people arrive the next day.
IANAL, and laws vary from state to state, but I would just serve them a termination notice. Have the sheriff’s office serve it. They might end up staying longer than they anticipated and later than you want, since your state laws probably have some minimum notice period, but it’s best to go ahead and start the process. Sounds to me like you have already put more effort into this than you would gain from them paying any additional rent, increase or not. And,of course, accept no more rent payments from them.
It’s an adversarial landlord-tenant situation and the other party’s disincentivised to cooperate. I think OP is beyond the asking and polite request stage and into compulsion and written correspondence.
You should probably talk to a real estate lawyer. Tenants often have strong rights and if you do things that aren’t consistent with the law, you can create lots of headaches for yourself. The advice you get here can be used for general education, but you shouldn’t act on any of it since it may not be applicable to your area. You should talk to a local attorney to know what steps you are allowed to take when dealing with these tenants.
As I understand the law in NJ, lets say the tenant doesn’t sign the new lease. At the end of the old lease, it automatically converts to a month to month lease under the old terms for the new rent amount.
If the tenant pays the new rent amount, they implicitly agree to the terms of the new lease (within reason).
If the tenant only continues to pay the old amount or no rent at all, then you can file for eviction for non-payment of rent.
I don’t think you can have major work done on the apartment while the tenants are living in it, signed lease or no signed lease.
I would check with a lawyer for how rental laws apply to your situation for your jurisdiction.
The old lease was already month to month. The tenant did not sign a new lease as there was no new lease to sign as they gave their 30 day notice which the communication between the wife and me support. The husband is obviously trying to avoid me. That is why I am trying to get the guy (the wife already did) a termination of lease agreement with a specific date that they would be out. Also, the new rent rate with a new occupant will be about $75 a month higher to bring it closer to market rate.
What additional value/protection do you believe this “termination of lease” document will provide you? Either they move out when they said they would or they don’t. If they overstay, you have to initiate eviction either way, no?
Sounds like they are being jerks, but you may be adding unnecessary stress on yourself.