[lisasteele]

I Had A 6 Month Written Lease With My Tenant, That Lease Ended With The Tenant Still Living There. They Sent Me A Check For 3 Months In Advance So I Just Never Bothered Getting Another Lease Signed.. They Have Already Used 2 Months Of The Money But Without Any Notice They Want To Move Out And Want Me To Give Them Back Septembers Rent. Since They Did Not Give Me 30 Days Notice Do I Have Any Legal Rights To Keep The Last Months Rent Since Only Verbal Lease And Not Written Lease. What About The Deposit?

[ballengerb1]

When the old lease ran out the tenant became a month to month tenant. With that said they and you need to give a one month notice to terminate or alter the lease arrangemments. They owe you for September and they could stay until the end of the month. Their one month notice is only good for that date. Keep the money. You asked about a deposit, what deposit is that? Normally a deposit is used to hold a unit until the lease begins and that is long over. If you are thinking of a secuirty deposit you can't use that for rent and it should be returned after a satisfactory inspection for damages.

[JohnSnownw]

If the agreement was that the terms in the old lease would apply, except for only a 3 month period, then you do have the right to keep the money. A verbal agreement is binding. However, if they have been amicable tenants, there is no reason not to compromise, that is as long as you are not short-changing yourself.

[ScottGem]

As noted, when a lease expires, but the tenants don't move, the lease is extended on a month to month basis. The same terms as in the last written lease continue to apply, except for expiration and rental. This means they have to give you the same notice as listed in the lease, generally one rental period. So, they owe for September assuming they gave notice at the end of August.

As for the deposit, that hasn't changed. You need to return the deposit, less any costs for repair as required by local laws.