What can a landlord do if they think that a current tenant will not vacate in time for a new tenant to move in?

UPDATED: Aug 18, 2011

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What can a landlord do if they think that a current tenant will not vacate in time for a new tenant to move in?

I have a tenant with no lease who told me that he is moving out by the end of this month. Since that time I have taken a rent for a new tenant starting in 6 weeks (already have check). However. the old tenant has shown no evidence of moving out. I’m afraid they will not be out in time. What are my rights.

Asked on August 18, 2011 New Jersey


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Since you have a new tenant waiting to take over the lease of an existing tenant who had advised you that he is moving out at the end of August 2011, you need to send this tenant a confirming letter to this effect with a provision at the bottom stating that he has read the letter, agrees to its contents for signature and dating with a self addressed stamped envelope to you enclosed requesting its return to you immediately.

Keep a copy of the letter for yourself and send and extra copy to the tenant in possession.

Call the tenant advising that the letter is coming. If you do not receive its return dated and signed within three or four days after mailing, call the tenant again to see what the status is. If you sense that there will be a problem with him leaving as agreed upon, serve him immediately with the required notice of termination of his lease with a set departure date to get matters in shape in the event that an unlawful detainer action is needed.

Good luck.


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