Tenants at Sufferance... (lease agreement, tenant, eviction, rental)

[1freespirit]

OK we am new to land lording long term.

Got a hypothetical question.

What if you lease out your personal home (fully furnished) for X amount of months for instance if you were going to be gone on an extended vacation.

Lease states period from X to Z and month to month after that date states "not applicable"

What if you return from your vacation and the tenant is still there after their lease has terminated "z" date?

Can you move back into your home even if the tenant has not moved out since the contract has expired and all your personal belongings and furnishings are there?

Meaning if the people have not vacated and their lease has expired can you go ahead and move right in with them since it is your home and where you live? Obviously an uncomfortable situation but what could stop you from moving right back in.

Not sure if this is a common thing that happens or not as most rentals are long term and the owner of property already lives in another home... but what if on the above ever happened?

It's been one of my biggest fears as we do rent out our personal home when we will be away for extended periods. So far everyone has vacated fine but what if they do not?

Is there a different way to write up the rental agreement when you are renting out your personal home for just a couple months?

[Rabrrita]

In most states, the general rule is you must use the judicial process to remove any tenant from the premise who are holdovers. In a few states, they let you do a summary eviction yourself providing you follow all required steps, but even in those states, attorneys normal recommend the judicial route as a safeguard for the landlord. One thing you probably can not do is just move in with them. In many landlord tenant laws, the right to quiet enjoyment remains even on a holdover tenant.

The best way to avoid issues is to make the lease for a specific period where it specifically address the "No Holdover" terms and requires the tenant's signature. You should also include a provision that in an unauthorized holdover the rent jumps 500% payable daily. That means a $4,000 monthly rent would jump to $20,000 or from about $130 a day to $665 a day for every day they holdover until evicted. It's much easier to get an eviction with no delays or 'try to work something out' postponement if your lease is written so there is no question as to the intent.

[1freespirit]

Originally Posted by Rabrrita

In most states, the general rule is you must use the judicial process to remove any tenant from the premise who are holdovers. In a few states, they let you do a summary eviction yourself providing you follow all required steps, but even in those states, attorneys normal recommend the judicial route as a safeguard for the landlord. One thing you probably can not do is just move in with them. In many landlord tenant laws, the right to quiet enjoyment remains even on a holdover tenant.

The best way to avoid issues is to make the lease for a specific period where it specifically address the "No Holdover" terms and requires the tenant's signature. You should also include a provision that in an unauthorized holdover the rent jumps 500% payable daily. That means a $4,000 monthly rent would jump to $20,000 or from about $130 a day to $665 a day for every day they holdover until evicted. It's much easier to get an eviction with no delays or 'try to work something out' postponement if your lease is written so there is no question as to the intent.

I did not know what a holdover was. Very helpful ~ Thank you.
These are the laws for holdover in our state:

A. As a holdover, the tenant must pay the landlord a sum which is not more than twice the monthly rent under the previous agreement, calculated on a daily basis for each day the tenant remains in the unit.

B. The landlord may sue to evict the tenant any time during the first 60 days of the holdover. However, if the landlord does not sue to evict the tenant within the 60 days and there is no new rental agreement, a month-to-month tenancy at the rent stated in the previous agreement is created.

[Rabrrita]

Twice as much isn't as good an incentive to get out as 500% but, it's better than being stuck with the old rent. I would make sure that it is Bolded in the lease with an initialing.

The 60 day rule makes sense. If it takes 2 months to move to evict on a holdover, I would suspect the landlord did agree to a month-to-month.

One thing you can also do is make sure you have a qualified agent ready to move on any holdover. If it was me, I would be ending the term of the lease at least 2 weeks (preferably 3 or 4) before my intent to occupy. This way there is time to act as soon as the holdover occurs so you are not in a situation where you come home, find a holdover and have to sluck to a hotel until the eviction winds it's way through the court.

[1freespirit]

Thank you good advice all the way around!

[Katie1]

Contact an Real Estate Lawyer in your area.... No lawyers here to give you advice.

[oregonwoodsmoke]

I think you are going to have to talk to a lawyer who specializes in real estate. I know that a married couple can do it in a divorce situation, but that is quite different from a landlord tenant relationship. This situation could cost you a lot of money if you handle it wrong. Get legal advice before you act.

[1freespirit]

Well one thing about our home - I do not think we would run into a holdover situation as our home is in Hawaii and we only approve tenants that live on the mainland that want to get away and spend a few months in Hawaii at a reasonable cost. The tenants that rent our home already have a home to go back to when lease is up. Except for our current tenant though she is wanting to move over here and is looking for a long term place to stay while at our place so it got me thinking.. "what if".. I do not think she would stay longer she already does not partially care for living on the island and its only been a short time. I do not foresee her wanting to stay and actually move to the island and her personal belongings are still in storage on the mainland.

Running into a tenant not wanting to leave when lease is up would be minimal in our situation but just to be sure I will add the "Hold Over" terms to our lease agreement as "Rabrrita" mentioned for added protection.

Thanks Rabrrita for the advice very much appreciated.