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Old 06-17-2015, 12:15 AM
 
199 posts, read 379,628 times
Reputation: 117

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So some tenants told us that they'd be leaving July 1st possibly earlier and I already found new tenants to move in on July 1st and now they're telling us they will probably end up moving on July 4th now.....

Now in the lease it says once it goes month to month says either party may give 30 days to terminate the lease etc but when I did some looking up online the law says a month to month lease says you can give 7 days notice to vacate the property now which one would apply in this case?

Also they've violated the lease by putting in a dog that was never approved by us and never given a pet deposit for this pet either, is this grounds to give them a notice to vacate/evict them?
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Old 06-17-2015, 12:37 AM
 
13,043 posts, read 20,703,285 times
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Although the law says 7 days, that is the minimum notice required. Since the lease stated 30 days and 30 days is considered a reasonable provision, the 30 days would hold. You will want to run this by your attorney and have them review NC's case law Stanley v. Harvey as I believe that still applies that a lease notice provision that is reasonable is enforceable so long as it's not less time than the law requires.

As for the pet, if this is the first you knew of it, you can give them notice to correct the violation or face eviction. But, I believe if you found out, did nothing and have accepted any rent after knowing, NC deems that to be a waiver of that lease provision.
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Old 06-17-2015, 05:58 AM
 
Location: Phoenix, AZ area
3,365 posts, read 5,181,692 times
Reputation: 4203
Slum lord at least clean the unit before you move someone else in. You can't get a new renter the day the old one leaves its just wrong, and leads to the nonsense you are in now.

Last edited by Ultrarunner; 06-17-2015 at 05:28 PM..
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Old 06-17-2015, 08:42 AM
 
199 posts, read 379,628 times
Reputation: 117
Quote:
Originally Posted by AZ Manager View Post
Slum lord at least clean the unit before you move someone else in. You can't get a new renter the day the old one leaves its just wrong, and leads to the nonsense you are in now.
I was counting on them leaving early because they told me more than likely they'll be out days before July 1st so I could have time to do some small cleaning and paint one room.

I'm going to call the other people today and offer them to move their stuff into a storage unit and pay
for a hotel at my own expense.

Am I still a slumlord?


Also @AZ Manager they are wanting me to do a walkthrough with them for their deposit back. My state doesn't require me to do this but any tips on going forward?

Last edited by Ultrarunner; 06-17-2015 at 05:28 PM..
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Old 06-17-2015, 10:23 AM
 
16,376 posts, read 22,356,267 times
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Offer the old renters $250 "bonus" if they are out no later than 11AM on June 29th.

$300 if they are out by June 28 11AM.

This might save you from the hotel/storage costs.
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Old 06-17-2015, 01:16 PM
 
Location: Phoenix, AZ area
3,365 posts, read 5,181,692 times
Reputation: 4203
Quote:
Originally Posted by PeterCLT View Post
I was counting on them leaving early because they told me more than likely they'll be out days before July 1st so I could have time to do some small cleaning and paint one room.

I'm going to call the other people today and offer them to move their stuff into a storage unit and pay
for a hotel at my own expense.

Am I still a slumlord?


Also @AZ Manager they are wanting me to do a walkthrough with them for their deposit back. My state doesn't require me to do this but any tips on going forward?
I have been doing this for years and I currently own 7 homes and one 12 unit apartment building. With that said I know that it isn't impossible to turn a unit in such a short amount of time it is just foolish to do so. There's too much to do no matter how clean or perfect the old tenant was the unit is going to come back to you and you need to give it time to fully assess its condition. You need to hire a carpet cleaner to steam clean the place and let that dry, depending on the weather that's a 2 to 3 day process. You need to hire a painter before that to do touch up, which generally means spraying a whole room or more, and that takes 3 days to dry so you are out a week already and haven't had the place cleaned yet or fixed anything. I am in Az so most of the year it is too hot to be in a unit fixing things while the paint is drying, which turns a unit into the most humid and disgusting place ever and you can't run the AC for a while if they sprayed.

Every tenant you will ever have is going to spray the entire place with fabreeze before they leave and it takes about a week for the unit to air out from that. If they had pets or kids you could have carpet that looks fine but absolutely reeks and you will have to replace it, and with a new tenant in you are moving them into this and have to replace it around their furniture.

I wont even list a unit while a tenant is occupying it and would never turn a unit so close to the old tenant vacating.
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Old 06-18-2015, 05:29 AM
 
10,746 posts, read 25,861,673 times
Reputation: 16022
Quote:
Originally Posted by PeterCLT View Post
I was counting on them leaving early because they told me more than likely they'll be out days before July 1st so I could have time to do some small cleaning and paint one room.

I'm going to call the other people today and offer them to move their stuff into a storage unit and pay
for a hotel at my own expense.

Am I still a slumlord?


Also @AZ Manager they are wanting me to do a walkthrough with them for their deposit back. My state doesn't require me to do this but any tips on going forward?

Did they give you their notice in writing or just mention it in casual conversation? If its not in writing, it didn't happen.

You can count on them leaving all you want, but until they give you their official 'notice to vacate', you shouldn't be offering the place up to someone else.

And I agree with AZ, how can you move someone out on the 1st and move someone in on the 1st? That's shady and not enough time to turn around the unit.

Yes, go do the walk through and give them time to clean or repair things (that you'll allow them to repairs) and put all of this in writing, with pictures, then do a final walk through, on your own and then deal with the deposit. Just make sure you're following your state's law regarding their deposit.

Not, a slumlord, but a newbie.
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