[kenitorico]

I have a tenant who is in a month-to-month tenancy and has given written notice that she will be moving. She seems to think she has until May 5th to move (I think she is thinking she has until the late fee date). If she is not out by the end of the month, am I correct in that she would owe for the entire next month?

[Cvillecpm]

She owes through the date of the notice. You need to WRITE her, accept her notice and give her any pro-rated rent she owes through her notice date AND you need to give her your check-out instructions on how to arrange any inspection, return keys, etc.

[ScottGem]

Cville is correct, if she stays past the end of the rental period, she owes a pro-rated portion of the rental. And you need to inform her of this immediately.

[kenitorico]

The notice is dated March 31st. In the notice she indicates her "move out date" will be by May 5th. So if she moves May 5th, she'll owe for 5 days of May, correct? I didn't know I had to write to acknowledge the notice.. . Thanks!

[ScottGem]

You wouldn't have to normally, though it's a good idea and you should schedule a walkthru. But in this case, you want to make sure she knows she owes the pro-rated rent. She may decide to move up her move-out.

[Unregistered]

So if she stays past April 30th (a late fee is required after the 5th day of the month according to the lease), do I ask her to pay the entire month, then when she moves I refund a pro-rated portion?

This is a great forum! Thank you for all your help!

[ScottGem]

Um You asked the last question as Unregistered, are you Kenitorico or is this a different question?

If you are the OP (original poster), please log in, in the future. But to answer your question, you can bill her for the prorated amount.

[kenitorico]

Oops! I guess it's no secret that I'm new here, LOL. I'm also a new landlord. So you'll probably be hearing from me again.

Again, thanks loads!

[ScottGem]

There is a link at the top of this forum to local laws. If you are a new landlord you should familiarize yourself with them before you enter into a new lease. With someone.

[LILL]

I must disagree with other posters... (tell me if I'm wrong please)

If your tenant is on a month to month and occupies the premises for anytime during the month of May... then since a new lease started on the 1st of the month... it would not end until the 30th... after all.. it's not a day to day lease... thus the tenant would be responsible for the entire month. I know this is not true in some states... but true in most.

[ScottGem]

Generally courts will look the landlord's losses in deciding this. If he can't get a tenant because of those 5 days, they might hold the tenant responsible for the whole month. But most of the time it will be prorated. The point being notice. As long as sufficient notice was given.

Can you point to any statute that says if occupancy stretches into a part of a rental period the tenant is responsbile for the whole period?

[excon]

Hello:

I agree with LILL and the OP. Her rental runs in 30 day increments. Not 30 days and then a little bit more...

excon

[kenitorico]

I will explain to her that if she remains after April 30th, she may be obligated to pay the entire month's rent if I'm not able to locate a suitable tenant for the remainder of the month. Fyi: I'm in PA

I had another tenant that moved early last month due to health reasons. I was able to get the apartment rented with just a week or so gap. Therefore, as a courtesy (or so I thought), I rebated a pro-rated portion of their rent back. Whether the law requires it or not, I do think I have a moral obligation to do so. But I don't want my tenants to think they can stay for extra days and not pay for them.

Thanks to all!

[LILL]

This is just something that I came across... no idea where OP lives... but it clearly states that tenant can not withhold premises without penalty after required notice is given. In the case of a month to month tenancy... would not that imply from the 1st to the 30th? Tenant can not make up law to suit his needs. Clearly a month to month is just that... not a "month to "just a little" over a month" notice.

MISSISSIPPI CODE OF 1972
As Amended

SEC. 89-7-25. Tenant holding after notice liable for double rent.

When a tenant, being lawfully notified by his landlord, shall fail or refuse to quit the demised premises and deliver up the same as required by the notice, or when a tenant shall give notice of his intention to quit the premises at a time specified, and shall not deliver up the premises at the time appointed, he shall, in either case, thenceforward pay to the landlord double the rent which he should otherwise have paid, to be levied, sued for, and recovered as the single rent before the giving of notice could be; and double rent shall continue to be paid during all the time the tenant shall so continue in possession.


SOURCES: Codes, 1857, ch. 41, art. 23; 1871, Sec. 1642; 1880, Sec. 1331; 1892, Sec. 2545; 1906, Sec. 2883; Hemingway's 1917, Sec. 2381; 1930, Sec. 2225; 1942, Sec. 947.

[LILL]

Also... since most landlords rent from the 1st to the 30th, wouldn't landlord suffer some sort of monetary damages since tenant refuses to leave until the 5th?. thus not being able to re-rent until the 15th or 1st of following month??

[ScottGem]

Hi LILL,
No I don't think that covers it. If the OP's tenant stayed AFTER May 5th, then that statute would apply. But the tenant has given the OP a date by which she will leave. That statute doesn't deal with whether the vacate date has to coincide with the rental period.

I do agree that the extra 5 days, might inhibit the landlord getting a tenant to move in on the next day. And, in that case, might leave the tenant liable.

[LILL]

Hi Scott,

While I completely understand your point, I still must disagree. A month to month tenancy is just that. Monthly lease starts on the 1st... ends on the 30th. Tenant is essentially starting her new lease on the 1st of May, moving out on the 5th... thus starting a new lease yet not completing or paying for the lease term.

[ScottGem]

I don't think the law supports you. Just as a landlord can't double dip, charge you for time he rents to someone else, neither can he charge you for time you didn't occupy the premises as long as you give notice properly. I don't know of any statute that states notice has be given to conicide with the rental period.

[froggy7]

I must disagree with other posters...(tell me if I'm wrong please)

If your tenant is on a month to month and occupies the premises for anytime during the month of May...then since a new lease started on the 1st of the month...it would not end until the 30th...after all..it's not a day to day lease....thus the tenant would be responsible for the entire month. I know this is not true in some states...but true in most.

It depends on the landlord, I think. Most landlords like to start and stop monthly rentals on the 1st and 30th/31st, but there's nothing illegal about running a lease from the 7th to the 7th, or any other day of the month, if they want to. Or they can prorate the next tenant's first month and start charging the full amount on the 1st of the next month if they want. I've actually had that happen several times, when I move to a new town for a job. I'll need an apartment on the 23rd of the month, for example, and most of the time they have just prorated that month's rent based on the monthly amount.

[excon]

Hello again:

This from Washington state landlord/tenant law:

"(1)(a) When premises are rented for an indefinite time, with monthly or other periodic rent reserved, such tenancy shall be construed to be a tenancy from month to month, or from period to period on which rent is payable, and shall be terminated by written notice of twenty days or more, preceding the end of any of the months or periods of tenancy, given by either party to the other."

I think this law supports LILL's, mine and the OP's contention regarding the periods of tenancy - at least in this state.

excon