A tenant recently verbally told my past client she would like to move out before the end of her lease.
This was perfect for my client, who intended to owner-occupy the unit. Of course, this prompted the new owner to give notice to her own landlord of her intention to move out, hire cleaners and movers, change utilities out of and into her name.
As the date of the move-out neared, the tenant texted she needed a few more days. That wasn’t a problem, as the buyer had planned everything for the end of the month. Then there were more delays; to the point where the tenant was back to moving out at the end of her original lease; 45 days later than she initially said.
Needless to say, this caused a great deal of disruption in the buyer’s life. Her own apartment was already rented, so the movers simply had to come pick up her belongings which she elected to temporarily store in the garage.
Was there a way this all could have been avoided?
Yes. When the tenant first gave verbal notice, the right thing to do would have been either to request she put it in writing or, conversely, for the new owner to respond, in writing, simply confirming the details of the conversation.
To confirm receipt of the written document, she may even have wanted to post the letter on the unit door, then taken a picture of it with her cell phone. The photo would have time and date stamped the image, confirming the notice had been served.
In other words, if you’re a new landlord, remember to always make sure you have things in writing. Should you ever end up in court, it will prove invaluable.