Tenant fails to vacate - new tenant angry

As a landlord I am just reading the lease I give tenants. If I have signed contract with a new tenant say for October 10th and then on Oct 9th current tenant (whose lease ends on same day) breaches the lease telling me they are not moving out for whatever reasons where am I left? I have one angry new tenant with no home who could presumably sue me and bill me for hotel lodging etc etc. Could be... [more]

As a landlord I am just reading the lease I give tenants. If I have signed contract with a new tenant say for October 10th and then on Oct 9th current tenant (whose lease ends on same day) breaches the lease telling me they are not moving out for whatever reasons where am I left? I have one angry new tenant with no home who could presumably sue me and bill me for hotel lodging etc etc. Could be expensive! How do you protect yourself in this situation. Here is the current language in the lease. I have removed the $ amount, but it is 25% more than the monthly rental amount. "In the event that Tenant holds over after the expiration of the Term of this Lease, Tenant acknowledges and agrees that the Landlord will incur administrative costs and suffer loss of investment income not contemplated by this Lease, the exact amount of which damages are difficult to ascertain. Accordingly, the parties agree that the Tenant shall pay, as liquidated damages, the sum of $xxxx per month during the time Tenant holds over after the expiration of said Lease. This agreement as to the amount of Landlord’s damages shall not be construed as permission or consent by Landlord to Tenant to hold over after the expiration of this Lease." I wonder if putting in a $$ amount helps me or it hinders me. Maybe the $ amount caps the tenants liability which I don't want to do if I am being sued.... Anyone got any better lease language I can use? Or maybe one should protect yourself in the new tenants lease?... Many thanks [less]