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jewlsvern
Dec 8, 2011, 08:43 AM
We gave our tenant a 30 day notice on the 15th of the month to vacate by the 15th of the next month. They moved out on the 30th of the first month (2 weeks later). Are they still responsible for the rest of the rent for the entire 30 days? I can find if the tenant gives notice they are, but what is the law when the landlord gives notice. The lease had expired and they were on a month to month contract. The house was being sold and that was the reason for the notice.

UhnonimuS
Dec 8, 2011, 10:12 AM
This is always one of those toss up scenarios... you first should just ask if they are willing to pay the remaining fee, hopefully they say yes...

If not... it's probably not worth your time. I mean legally yes, you could attempt to put a lawsuit on your previous tenants, but if they don't have money, you're not going to get money out of them, and it would probably cost you more time/money than it's worth anyway.

This is one of those lose lose situations, if you can afford it, I would just suggest taking one for the team and forget about the remaining balance with your tenants, although I completely understand if your strapped for money and were depending on them, how this may not be so easy.

I hope it all turns out for you and I hope this helps!

Fr_Chuck
Dec 8, 2011, 02:56 PM
One of the issues, normally notices have to be given first of the month to end of the month, unless this is for cause. So in fact one could argue if they wanted to stay till the end of the next month that they would have the right, those 30 days.

You could ask for the 15 days rent of course, but you have them out, and if you start to clean up for your use, then it is not being rented or no attempt to rent, which is normally required to ask for rent after they move out. Perso