Profile picture for foreverafl

Can I require my tenants to move out a certain time on their lease end date???

I always have this issue with the turnaround of apartments. Someone moves out the end of the month and another moves in first of the month. Tenants moving out have up to midnight to move out. We have maintenance go in first thing in the morning, but realistically it is impossible to have all units prepared for the new tenants. Would it be legal for me to determine the time of the required move out. For eg: 10:00am on the last day of the month?? Or do they legally have a right to the apartment until midnight?

Thank you!
  • September 01 2011 - Chicago
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Answers (6)

Possibly you are not familar w/ Jeffrey Taylor, aka Mr. Landlord.

Gotta say that he has some very insightful tips for this type of situation and others...he specifically puts in that 'checkout' time is Noon on the last day of the lease period.  And for new tenants, he puts 'check-in' time at 3pm of the first day of the lease.

While at first it seemed a bit odd, I had the opportunity to meet Jeff and hear him speak.  He is the real deal and those suggestions make a HUGE difference in getting a window of time to 'turn' the unit.

Good luck...and as noted in earlier posts...make sure to document all of this in your lease.  And just because you didn't put it in the first lease signed with your tenants...doesn't mean you can't do a lease modification.  Again, consult your attorney.

Sincerely,
Michael
  • September 17 2011
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Profile picture for Evelyn S. Fred
Hello,

Yup, it's all been said, unless you put that in the lease at the time of signing you're stuck with the midnight deadline.

Now you know.  Next time!

Good luck!
  • September 02 2011
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Hello foreverafl;
Unless you already have a specific time stated in the lease,
the termination of the lease will be Midnight the next day of the termination date. For intance, if the lease expires August 31st - it runs through August 31st till midnight which will then be Sept 1st.
Good luck.
  • September 02 2011
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Usually leases state a date and time the lease expires (usually 11:59 p.m.), otherwise it is assumed the tenant has the lease through that entire day (same 11:59 p.m.).  The only time it would be different is if it is written into the lease at the time of lease signing, which you can definitely legally do if the tenants agree to it.  So, unless the tenant is willing on their own accord to be moved out at a certain time, or if you pay them back a pro-rated fee for full use of the unit for that day, they are not required and cannot be forced to move out earlier. I can see the conundrum, but the other option is to have the move-in time be at noon on the 1st, or something like that so you have some time to turn it around.  Realistically, most of the time tenants don't wait until the last minute to move out.
  • September 02 2011
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Profile picture for Matt Laricy
You can put that in the lease when you have them sign it, and as long as all parties agrees, its legal. But you cant just make a change now after the fact.

Your best bet is to have your real estate attorney draw up a lease on your terms. This way you know everything in there is legal and then you have one on file.
  • September 01 2011
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Profile picture for wetdawgs
They legally have the right to the apartment until the stroke of midnight unless you have something else in the lease that they signed.   You may either consider offering them a financial incentive to be out by 10:00 am on the last day of the month, or a financial incentive of the new tenants to not move in until the second of the month.
  • September 01 2011
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