Tenant does not pay the rent. what can I do?

[pupy]

They have not paid rent for April and May and some part in March. I informed that they have to move out in May but they said they have trouble finding apartment at the moment and would like to stay 2 months more and refuse to move out. Hence I accept to rent to them for June and July more. Because I know asking lawyer for this matter would take time also. Thus better just settle things in peace.

So you still start at zero with the eviction process at the end of July. If they are reluctant to pay, that won't change the longer you wait.

But current contract is terminated, we need to sign another contract. But they don't want to sign new contract. They delayed it many times.

If you have not terminated the contract (you allowed them to stay longer) the old contract is still valid, but without end date.

I am not sure now that they would move out in July also... Is there any suggestions what I can do?

Start an official eviction process based on unpaid rent.

I asked lawyer but the answer was just: call back when they not moving out, we can not do anything now

That's the easy way out for the lawyer. This is not an interesting case much work, but little profit. What did you ask the lawyer? A legal guarantee that they will move out or to start an eviction process?

Hello rinso,

I have terminated the contract. I terminated it 6 months ago. I don't really want much trouble with forcing and want they move out peacefully. I don't agree with late payment and I sent their case to Lindorff to start Collection Debt already.
From lawyer, I explained the situation and ask what I could do then I got that answer.

[pupy]

I asked lawyer but the answer was just: call back when they not moving out, we can not do anything now

Interesting answer but hard to comment on without the specifics. There's always been a case for eviction and collection as Rip has said.

hello betelgeuse,

collection I have started with Lindorff.
but eviction, as Rip said also that it would take several months. During those months, I dont know how the situation, contract terminated. Are they staying there for free or how the penalty should apply? I dont get this answer from anywhere.

He want to stay until July because he will get money to buy my apartment(I dont have at all a hope that he is buying). Hence I give him 2 months more so that he will move out by himself.

[rinso]

I have terminated the contract. I terminated it 6 months ago.

No you didn't, you allowed them to stay longer, that canceled the termination.

It seems OP may have agreed effectively them paying late (should not have done that).

This probably will become a "he said, she said" case. And then the court will probably favor the tenants.

You worked yourself into a mess and I start to think that lawyer is right. Because of your mistakes he cannot do anything until the very end.

During those months, I dont know how the situation, contract terminated. Are they staying there for free or how the penalty should apply? I dont get this answer from anywhere.

If they stay there illegal, you can claim damages (missed rent) but you have to go to court again. Your lawyer will probably include something like that in his eviction claim, but if they don't pay, it could be a long time before you get your money.

[pupy]

I have terminated the contract. I terminated it 6 months ago.

No you didn't, you allowed them to stay longer, that canceled the termination.

It seems OP may have agreed effectively them paying late (should not have done that).

This probably will become a "he said, she said" case. And then the court will probably favor the tenants.

You worked yourself into a mess and I start to think that lawyer is right. Because of your mistakes he cannot do anything until the very end.

During those months, I dont know how the situation, contract terminated. Are they staying there for free or how the penalty should apply? I dont get this answer from anywhere.

If they stay there illegal, you can claim damages (missed rent) but you have to go to court again. Your lawyer will probably include something like that in his eviction claim, but if they don't pay, it could be a long time before you get your money.

Can I change my mind to not signing the June and July contract now? Anyway the contract has not been signed ... It is true that I made myself in this mess ... I just want that he will have place to stay and dont have trouble of moving out

[rinso]

Can I change my mind to not signing the June and July contract now? Anyway the contract has not been signed .

You agreed verbally and that also counts as a contract.
Getting the contract signed by the tenant (and you) is in your best interest.

If you sign and he refuses, you can claim he rejected the extension of the rent which puts him at a disadvantage in court.
If he does sign you have a document to prove he agreed to leave.

[betelgeuse]

I asked lawyer but the answer was just: call back when they not moving out, we can not do anything now

Interesting answer but hard to comment on without the specifics. There's always been a case for eviction and collection as Rip has said.

hello betelgeuse,

collection I have started with Lindorff.
but eviction, as Rip said also that it would take several months. During those months, I dont know how the situation, contract terminated. Are they staying there for free or how the penalty should apply? I dont get this answer from anywhere.

They are obliged to pay as long as they use the apartment. Act on Residential Leases, Section 34:

http://www.finlex.fi/fi/laki/kaannokset ... 950481.pdf

[Rip]

The problem is not whether or not they are legally obliged to pay. The problem is, are either going to pay willingly, or can you get the money (+costs) extracted from them in a court. If they are broke, you might not succeed with that .

[pupy]

Can I change my mind to not signing the June and July contract now? Anyway the contract has not been signed .

You agreed verbally and that also counts as a contract.
Getting the contract signed by the tenant (and you) is in your best interest.

If you sign and he refuses, you can claim he rejected the extension of the rent which puts him at a disadvantage in court.
If he does sign you have a document to prove he agreed to leave.

You are absolutely right. I will do with that

[pupy]

The problem is not whether or not they are legally obliged to pay. The problem is, are either going to pay willingly, or can you get the money (+costs) extracted from them in a court. If they are broke, you might not succeed with that .

Yes .. I get the idea from the lady that the guy has a lot of salary nowadays(2 times per month and each time a couple of thousands) but he just want to spend to buy something else rather than paying the rent. So I hope he does not be broke that easy

[heizel]

Hi!Does anyone has idea if a tenant can still move out of his apartment despite her unpaid bills but on a payment plan with the collection agency?
Please somebody answer

[37yqp8098y5]

Hi!Does anyone has idea if a tenant can still move out of his apartment despite her unpaid bills but on a payment plan with the collection agency?
Please somebody answer

A tenant can always leave an apartment, it's not a jail. They can break the contract and leave even if (before leaving) they have a valid contract to stay there. However, they must agree to pay any missing rent as per the contract, return the keys etc. and often they will forfeit the deposit for breaching any fixed-term contract if they moved away early.

Having the case with a debt-collector or not doesn't change anything. The tenant has to pay the debt regardless of where he/she is living. The right to live in the apartment ends either upon mutual agreement of the tenant and the lessor, or when the tenant decides to leave and breach any fixed-term agreement.

P.S. What a !"#¤% it was reading that 9 year old story before this thread necro