Landlord Protection When Your Tenant Wants to Move

If your tenant wishes to vacate tenancy properly, it usually means giving you, the landlord written Notice to Vacate in a time frame outlined by your lease agreement. Normally this allows the landlord enough time to prepare and find a new tenant for re-rental.

The usual steps a lease abiding tenant would take to terminate tenancy are:

1. Notify the landlord in writing within the proper number of days notice according to the lease. (Most leases require 30 days written notice before the last day of the last full month of occupancy, but many landlords require 60 or more days - In the absence of a written agreement, most states require a minimum of 30 days written notice.)
   Keep in mind that a tenant can only give a valid 30, 60 day or whatever notice during a Month to Month tenancy, unless that notice is coordinated with the expiration date of the lease.
   The LPA recommends having your tenants use the Tenant's Notice to Vacate Form found in our Free Forms area of this website. I give my tenants a copy of this form along with their copy of the lease agreement so they'll be able to give proper notice to vacate as agreed.
2. After notice is given to vacate, you can....

Landlord Do's & Don'ts
After the Tenant has Moved

What The LPA says you should do and shouldn't do:
DO

• Have a signed & fully documented Property Condition Report
  
• Have the tenants prepared with a Tenant's Notice of Intention to Vacate Letter
  
• Use a Security Settlement Statement to itemize deductions and to accompany the return of the tenant's deposit.
  
• Use a Security Settlement Challenge Crusher letter to deal with any complaints about deductions from the deposit.
  
  

• tell the tenants that they will not be getting their security deposit back- they will be resentful and possibly more destructive on the way out. Let them see your deductions on the Security Settlement Statement after they've left.
  
• return any security deposit until after tenant vacates and the rental has been thoroughly inspected for damages
  

Click for More Essential Forms

The Crime Free Lease Addendum helps protect the landlord by contractually obligating the rental residents to obey laws and keep the rental property free of any criminal activity or drugs.

The addendum makes a violation of any of The Crime Free Lease Addendum provisions a material violation of the lease and gives the landlord legal cause for immediate termination of the tenancy.

Even though the LPA Lease already has its "Illegality" clause concerning illegal activity on the part of the tenant, this form can be used in addition to any lease for additional emphasis and support.

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FREE DOWNLOAD The Crime Free / Drug Free Lease Addendum Form

The Landlord Protection Agency® presents John Reno, Esq., a highly experienced Landlord - Tenant attorney based on Long Island, NY.

John Reno also does Mortgage Loan Modifications (Nationwide).
(Mention The LPA for a 10% discount!)

Dear Mr. Reno:
Does a landlord have the right to a key for every room of an apt? Say an office inside that the tenant doesn't want open to anyone while away at work. A friend has this problem and I thought you may know...also this is CA....BUT I'm curious about NY too. thanks so much.
Bernice B., CA

A: This is a tricky area for the following reason: There's nothing illegal about a clause in your lease requiring a key for every room. The problem is, if the tenant changes the locks, there isn't much you can do. No judge will evict on that ground. And if you try to force entry, the cops will side with the tenant and ask you to leave to keep the peace. So I guess the answer to your question is the landlord has the right only if its in the lease, but it's a right you can't really force.

If you have a landlord tenant problem you'd like to ask a question about, please feel free to e-mail me your question.
Submit a landlord / tenant question for Mr. Reno
Please try to keep your questions as short and to the point as possible.

Have you ever been beaten by a tenant on the rent?
Most of us have and unfortunately, it is one of the costs of doing business as a landlord.
On the bright side, remedies are available. If you have documented your tenancy with the proper paperwork including a rental application, lease agreement, late notices, etc., you may have a chance of collecting.

Credit bureau reporting is an option in which many modern landlords are beginning to participate....

Click here for the full article

"Tough times don't last. Tough people do." - Gregory Peck

"Buying Real Estate is the FIRST STEP - Collecting All Your Rent will determine whether you Fail or Succeed." - Cynthia Schmidt

"Too many of us are not living our dreams because we are living our fears." - Les Brown

"The consequences of renting to the wrong tenant can be devastating. Don't even think for a minute that a proper tenant screening is a waste of time or money... and never let a tenant rush you." - John Nuzzolese

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