Landlord Question and Answer Forum

My tenant broke their lease and requested a move out date of Dec. 31st. They are messing around with getting their things out. Can I give them so many days to be out with their belongings since technically their lease has expired? Or, do I have to evict? Can I evict them now for not leaving when they said they were? Or, Do i have to wait until they do something wrong or do not pay rent? They have been terrible tenants and I want them out ASAP. They did not even give us the date they would leave. They told us Dec. 1st that they would be breaking their lease. HUD informed us the 16th that they were leaving on Dec. 31. They are not moving much at all. They disappear all day then come sleep here at night. I do know for a fact that they are leaving and they do have a place. But I need to inspect and get a new tenant in. They are wasting my time. They have never come to ask for an extension. My lawyer is out of town for the holidays I will speak to him Monday.

Jennifer, it appears that tenants are with Housing Authority. If this is true, I believe HUD will continue to pay the rent until they move and return the keys. Also, landlords usually receive and has to sign a HUD statement "freeing" tenant from obligation. HUD should also contact you about damages and if they were paid by tenant. If not, tenant may be refused another HUD voucher to rent under HUD. Please don't take this wrong, but have you tried talking with tenant about their move in a calm manner? It appears that your frustration is getting the best of you. Your purpose is to have them vacate with the least amount of damage so you can start preparing the property for new tenants. Sometimes (even if it goes against the grain) it pays to be extra nice to accomplish this. Good Luck and give us an update.

Posted by Stan M, CA on Sunday, January 3, 2010