[mdfields02]

I am a new landlord and have a tenant in a month to month lease... I am unfamiliar with the details of how this works. Is the month to month from the first to the first or any 30 day period. For instance... I just received the vacate notice today the 3rd for the 2nd of February. Is the 2nd the end of the lease or is the end of February because technically that is the month? The lease says there must be 20 day notice which was issued but what can I expect to receive for rent for next month?

[excon]

Hello md:

I have no idea what you might expect. You certainly know your tenants. I don't. Frankly, I doubt you'll get anything. In most NEW business's there's a learning curve where you LOSE money.

I would suggest that you become intimately familiar with your states landlord/tenant laws. Everything you ever wanted to know about the RULES regarding your business is contained there. We have a copy on the real estate page at the top on a sticky note.

excon

[Fr_Chuck]

This is where your lease should be very, very specific, as to damages, as to what happens with the deposit ( and a 20 day notice?? ) But in most cases, notice is given to end at the end of a pay period. But then if they stay past the first when the rent is due, they would legally owe you a pro rated amount for each day they stay.

If you are going to be in the landlord business, go to an attorney and get a detailed lease written.

[ScottGem]

Most of the laws I've seen specify that a periodic tenant (month to month) is required to give notice equal to one rental period. But I have seen some that require less. In your case, since the lease specifies 20 days, then 20 days is all that's needed and it can be ANY 20 days. However, that does not mean the tenant gets away with rental. If a tenant stays past the date that rent is due or leaves prior to that date then the rental should be prorated. . So if he leaves on the 3rd and rent is due on the 1st he owes you 3 days. I would prorate over a 30 day month so he would owe 1 tenth.