What happens in this situation? (apartment, lease, tenant, eviction) - Apartments, houses, lease, tenant, landlord, agreements, termination - City-Data Forum

lawmom · 11-30-2010, 03:56 PM

We signed a lease to begin tomorrow, 12/1. The guy currently in the house has not left yet -- has not moved his stuff out at all. The LL states he and his son will just "go in and clean and move his stuff out" tomorrow if it's not already done.

Now, I am thinking the tenant would be a holdover and the LL would have to start the eviction process? Seems to me the LL can't just go in and move the guy's furniture and stuff out while the guy is at work, as much as I'd like for that to happen.

bentlebee · 11-30-2010, 04:48 PM

Sad enough for you....you are right. The LL can't put the stuff outside or he will be sued and lose the lawsuit.

On the other hand if the LL does that and has the place clean for you, that is a chance for you to move in but make sure the locks are changed.

You are no part of the lawsuit so don't worry. The LL on the other hand can look at legal action from a tenant who wants his stuff back or replaced for money.

BUT the tenant first needs to have money to pay to file the court case which not all of the tenants have.

Perhaps you will see these tenants on one of the judge shows on tv...

What else can you do....you are probably ready to get your stuff in, but doesn't the place need to be painted, etc....?

Careful if you move forward, make sure you take pictures before you start moving your stuff in, so the LL isn't going to sue you at the end of your lease or think he can use your sec. dep. for the damages or paint job which has to be done by that time....

Good Luck, let us know how this will end....

ShaneSA · 11-30-2010, 04:56 PM

Check the lease for a holdover clause. If the tenant is not out, there should be provisions in your lease about not getting the apartment when due..12/1. I would make sure the apartment is rehabed as needed before you accept possesion, including changing the locks as previously stated.

lawmom · 11-30-2010, 04:56 PM

Well, that is a concern of mine, that the place is not going to be clean, etc. It is a house, and the owner doesn't paint in-between tenants. He said "we painted it a few years ago, and it still looks good." We got his written permission to paint ourselves with his approval of the colors. He and his son will clean, but judging from how grungy the master bath shower was, I'm planning to spend a day cleaning myself. But I do plan to take lots of pictures before I do. He does plan to fix the things that need fixing (a few bits of woodwork need to be scraped and painted, a window needs to be replaced) but says he will finish them by Friday.

Our current LL lost our current house to the bank and we wanted to move in the same neighborhood, and this was the only feasible place.

lawmom · 11-30-2010, 04:58 PM

Shane, you sneaked in while I was typing. Good idea -- I will make sure everything is done before I accept possession. I do have the movers scheduled for Thurs morning though -- hopefully I can change that.

lawmom · 11-30-2010, 05:33 PM

Just read the lease, and it says:
"If Landlord is unable to deliver possession of the premises to Tenant for any reason not within the Landlord's control, including, but not limited to, partial or complete destruction of the premises, Tenant shall have the right to terminate this Agreement upon proper notice as required by law. In such event, Landlord's liability to Tenant will be limited to the return of all sums of money paid by Tenant to Landlord."

Seems sloppily written to me. So does this kick on in the 2nd day of the lease? Anyway, I hope it all works out fine.

bentlebee · 11-30-2010, 06:18 PM

It kicks in on the day of the lease starting....

Also most States have somethin in their law about painting....You don't have to except a home with bad paint unless that is what you agreed on....

ssww · 11-30-2010, 07:33 PM

Quote:

Originally Posted by lawmom

We signed a lease to begin tomorrow, 12/1. The guy currently in the house has not left yet -- has not moved his stuff out at all.

Wait. If your lease begins 12/1, his lease ends 11/30, shouldn't he have the right to stay on the evening of 11/30? Look at it this way: Say he moved in to this place on 12/1/2009. Then his first day of stay was the night of 12/1/2009, so his last night of stay should be 11/30/2010, not 11/29. Then his first day of stay in his next place will be 12/1/2010 (which is your first day at this place).

manderly6 · 11-30-2010, 08:13 PM

Quote:

Originally Posted by ssww

Wait. If your lease begins 12/1, his lease ends 11/30, shouldn't he have the right to stay on the evening of 11/30? Look at it this way: Say he moved in to this place on 12/1/2009. Then his first day of stay was the night of 12/1/2009, so his last night of stay should be 11/30/2010, not 11/29. Then his first day of stay in his next place will be 12/1/2010 (which is your first day at this place).

That doesn't make a lot of sense. At midnight he is now in the house on 12/1. But his lease ended on 11/30.

manderly6 · 11-30-2010, 08:14 PM

This sounds like a potential disaster. He says he will have some things fixed after you move in? Good luck with that.