gaphile
Registered: 11/14/08
Posts: 14
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Reply with quote | #1 |
I just signed a lease which begins on 09/01/09 with a new tenant.
My current tenant's lease expires on 08/30/09. I sent him notice to quit by 12:01 a.m. on 09/01/09. He has replied that he will petition the MA court to stay anyway.
Obviously I can't provide the same apartment to two different tenants that do not wish to live together.
My question is: Is it possible that I will be obligated to provide this same apartment to both tenants? How would I begin to resolve such a situation? Help! |
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OHlandlord
Registered: 01/20/07
Posts: 1,836
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Reply with quote | #2 |
You have a problem. Never sign the new lease until the old tenant has vacated, for just this reason. Now, hopefully, you have a clause in the lease that says you are only obligated to prorate rent for the days until the old tenant leaves. Look! But otherwise, you need to notify that new tenant that the place may not be available when the lease starts because of a hold over tenant. Maybe s/he will be flexible with a move in date. Otherwise, you have a problem as you are obligated to rent to the new tenant but the place won't be vacant.
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rkkeller
Registered: 04/07/08
Posts: 426
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Reply with quote | #3 |
I agree but wanted to add, you could be in for a loooonnnnngggg legal process taking weeks or even months in some areas.
I would probably tell the new tenant sorry your trying to get the old tenant out and they wont move and give back their full deposit/rent.
This is one of a couple reasons you never rent a place until the tenant is moved. Show it, take applications, narrow them down but dont sign anything until your sure the tenant is gone and the place is clean and rerentable. I usually try for a 2 week lull between when one moves out and another moves in.
Another reason to not rent for the same day is, you dont know the condiiton they are going to leave the place so there is no way someone can move in the same day.
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