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Request new developments or support on the TPN system
2008/08/05 08:29:47 PM

Pumba
Pumba
Posts: 23
It sometimes happens that a Tenant "Overstay" his welcome. Ie, refuses to move out on contract end date. Your current Payment Profile does not allow to add payment history beyond contract end date if tenant refuses to move.

I had to artificially extend the contract to load said info.

Can you maybe add this feature?
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2008/08/05 08:46:16 PM

Michelle
Michelle
Posts: 142
If a tenant has a legal contract and decides not to move out - he becomes an illegal tenant but the lease agreement should cover you:
"In the event of this lease expiring or otherwise terminating and in the event of the Tenant failing to vacate the premises and to redeliver possession thereof to the Landlord thereupon, the Tenant shall be obliged, for so long as it remains in occupation, to continue to pay to the Landlord an amount equivalent to the rentals and other charges as would have been payable by the Tenant to the Landlord had the lease remained in existence, which amount shall be regarded as damages for holding over. "
You were therefore correct in extending the lease on the TPN system to a month - to - month lease for the purposes of adding Rental Payment Profile.
Thanks for the feedbackGood Posting
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2008/08/08 08:27:48 PM

Marc Lunau
Marc Lunau
Posts: 169
That is just the admin. What is an agent supposed to do when a new tenant was signed to move in seamlessly and is now homeless? Liability claims etc. - a can of worms.

--
Investor and Property Manager with value add solutions

www.houses4rent.co.za
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2008/08/09 07:47:33 AM

Pumba
Pumba
Posts: 23
marcl wrote:
That is just the admin. What is an agent supposed to do when a new tenant was signed to move in seamlessly and is now homeless? Liability claims etc. - a can of worms.


I have a clause in my contract that reads:

2.3 Notwithstanding 2.1, should the premises not be available for occupation by the Tenant for any reason whatsoever on the commencement date, the Tenant shall be obliged to take occupation of the premises on the date on which the premises do so become available for occupation. This shall not constitute a breach of the lease nor entitle the Tenant to claim damages and the commencement date and the initial period of the lease shall be extended for a corresponding period.

With the law as it is, one needs something like this in your contract. But I agree, it is not nice doing this to a prospective tenant, especially if you're an agent. I'm just a landlord, but an Agent can get a bad name if this is happening and it is completely out of his/her control.
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2008/08/11 08:42:57 AM

Michelle
Michelle
Posts: 142
Property managers (including landlords) have a huge logistical challenge at the beginning of every month moving tenant's in and out, cleaning carpets, painting units etc. Unfortunately even the best directed plans can go wrong but part of the solution is managing the situation and communicating timeously with the incoming tenant. Constantly keeping all the parties aware of developments or threats of squatting.
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