Topic: I have started having issues with residents canceling their NTV

 

We have new applicants sign a lease when they are approved. At that point notice to vacate may not be rescinded by current occupant.

I let them know they will be financially responsible for costs incurred for delay of returning possession and contact our attorney to start eviction proceedings for holdover.

That conversation 9 times out of 10 gets them to move out on schedule.

We don’t allow NTV to be cancelled if the apartment is already pre-leased. The NTV form they sign states they must move out on the specified date.

Fully agree. Once they give notice that is it, they have to move.

I agree, but problem I am running into is if they don't move you have to go through the court process and that can still hold up the new residents.

Are you charging holdover rent?
Also in that case, I would just let the new residents out of their lease agreement or move them to another unit if available.
 

Let the current resident know they will be responsible for hold over rent which is 25% increase of current rent and is due to be paid daily, on top of that they are responsible for all rent for the new residents full lease term. If the rent portion is not paid in advance they become delinquent and in default immediately in which case we will begin the eviction proceedings. (I know this part is more difficult, but make it known the steps and be confident in your delivery)

I’ve never had a resident decide to stay after informing them of the costs and potential consequences.

Also, I make sure their notice clearly states that they are giving us permission to lease the apartment and that they may not remain in the apartment without permission from management. They lease also says this, but I add it to the NTV as well so we’re double covered.

I had this problem but now when they turn in their NTV I ask them if they are sure because as soon as I enter it it WILL get leased and they WILL need to move. No exceptions! Since I started this I haven’t had it happen again.

We do the same. Once someone puts notice in, I have a move out package I give them and go over it with them. I schedule pre move out walk through, do their final pro rated rent, I let them know we begin looking to rent their apt as of today, I give them a move out cleaning guide. I also ask what was the reason they decided to move because this is my opportunity to keep them.

We've had that a few times recently. We've been lucky though, being able to either switch apartments or change their move out date. Our lease also states that the resident holding over can be held financially responsible for the lost rent for the term of the new lease if the new person cancels. That usually gets them to hustle on out... the more difficult ones are the ones who respond with "well I have COVID-19" literally seconds after they've given a different excuse and we tell them they have to move.

We don’t allow people to cancel. Once they put in notice if it is preleased they have to move.

Sounds easy enough and we did the same for sooo long but legit just had a resident refuse to vacate. Had nothing else available to put the new resident on and now have to go through a long eviction process on the current tenant since eviction courts are backed up. Not much you can do if they won’t physically leave….

I have put it into my renewal notices that we have a waitlist and the market is tight so they should not give notice until they line up another place.

So we discuss with our residents and with our ntvs we send them an email after stating that the moment you go on notice your apartment may be pre-leased online and we may not be able to extend your lease should you change your mind.

In our applications it also states that a resident may change their mind. Idk the exact wording but it’s in there.

When a resident calls us and changes their mind we do tell them I’m so sorry but your apartment has been preleased and we can’t extend. Some usually say oh ok.

For those that fight back, that’s when if they don’t want to move we’d have to go through and eviction process which would delay the new move in. At this point we then reach out to the applicant and after them another unit or offer them to cancel their lease, no penalty and they can get their holding deposit back or security deposit. App fees are not refunded.

I’ve so far only had this happen twice. Luckily the applicants were with family and waited the additional 2 weeks it took for them to move out.

I just make sure to discuss these scenarios during tour if they are interested in a particular floor plan available for pre lease. It makes it easier when you call and say “Hey remember I told you this may happen? Well it’s happening.” They are usually prepared and understanding.

We don't allow cancelation and charge holdover rent. They don't stay after hearing holdover rates.

We have them pay deposit and sign lease when they get approved. Clause in our lease for hold over fees. They are charged huge 3x rent fees plus cost of new tenants expenses.

Some of our properties experienced this (although minimally) during the Moratorium. They started holding units and wouldn't advertise them until they had keys in hand but that can kill your vacancy pretty quickly.

I dont have them sign the documents until the actual day and time they are moving in

When a resident gives notice, I call and email them to remind them that we will actively pursue finding a new resident to lease their apartment. I also remind them that once their apartment is leased, they will have to be out by their move date with no exceptions. They are reminded that once a lease is signed by the new resident, we are legally bound to the new lease holder and we will pursue eviction against them if they holdover and prevent the new resident from taking possession. Once the policy is made clear, our residents understand and they either cancel their notice to vacate and renew - or - they move out by their move date. Residents appreciate the direct approach and I have never had a resident holdover and prevent a new resident from moving in on schedule. I also send a courtesy email when their apartment is preleased to remind them that they will not be permitted to extend their move date.

I also cover myself by stating in the new lease that occupancy cannot begin until the current tenant vacates the unit. It doesn't solve all the issues that can arise, but it prevents the new tenant from having standing. Could result in losing the new tenant if the old tenant stays more than a couple of days

When I put a unit I notice I tell the tenant at the time of notice that once their unit goes on notice that it is available for anyone to apply for and if I get a approved application for the unit they will have to either move out on the date they gave or move to another unit if one is available at the time that once it has been applied for there is nothing I can do so make very sure this is what they want to do.

Our NTV states that once they sign the NTV their apartment is going up for lease. The only way they can cancel is if their apartment is not rented. It is very rare that the apartment is not leased. 

I dont think anyone is "allowing them" to cancel. The problem is when the move out date comes and goes and they dont leave. Ive only had one who didnt leave on time but luckily they just needed two extra days. I cant imagine having to do through the eviction process after that.