Does a subsequent agreement for an early tenant move out control?
I provided my tenants with an in person 60 day written notice that I would not be renewing their lease. A few days later my tenant called me to tell me that they found out that would be moving out in 30 days. I agreed to accept this new move out date. I then paid for rental ads and signs. Today, I received a text message from my tenant claiming that it was a hypothetical question. It was not. She told me she found a new place and would be moving out 30 days early. My new tenant wants to move in at the begging of next month as I had advertised. I am holding my tenant to the new move out date. What are my rights?
1 Answer from Attorneys
Considering that under current law you cannot remove a tenant except for "just cause," meaning breach of the lease or to remove the unit from the rental market, your 60-day notice was illegal. Every lease now rolls over into a month-to-month tenancy that cannot be terminated except for cause. She has the upper hand here, entirely.