Landlord Question and Answer Forum

I have a tenant that is "tenant at will" and pays on the first. On the 15th of this month , she gave a 30 day notice. She will pay 2 weeks on June 1st. I was under the impression that she had to give 30 day notice on the first of the month....help -Andre LeClair

Do you have a written agreement?

Posted by Daryl J, DC on Sunday, May 25, 2014

I do, it's from ezlandlord............

Posted by Andre L, FL on Sunday, May 25, 2014

Check the lease. The tenant should not be able to dictate a prorated departure rent. The rent should be for a month whether they are there or not after the lease begins. The landlord can and usually prorates the initial month if the tenant moves in after the 1st of the month. But I have never heard of a tenant moving out in the middle of the month and being allowed to pay only half of the rent. Now it may be to your advantage if you can get the property ready for move in prior to the beginning of the next month, but only if you start advertising and showing it now.

Posted by Daryl J, DC on Sunday, May 25, 2014

Thanks Daryl, I have never had a tenant give a 30 notice mid month, but she did and the lease does say 30 day notice, so I'll get 2 weeks in June because she gave notice May 1st. I will use the last 2 weeks of June to get it ready for July 1st. I guess I need to amend the lease to say "30 day notice, from the 1st of the month".....

Posted by Andre L, FL on Sunday, May 25, 2014

We have actually been able to do this as tenants. We are a military family so we can't always decide to move on the 1st. We have never had issues paying prorated on the day the days we live there. If proper notice is given, it shouldn't be an issue. 30 day notice is a 30 day notice, not a month notice. We are landlords as well & this is how we do it. It only fair to charge the amount of days they are actually on the property.

Posted by I van & Mabani H, WA on Monday, May 26, 2014

The lease has a specified term that ends at the end of a month. Failure to pay the amount specified in the lease, without agreement from the landlord, is a violation of the lease. Active military is the exception is probably every State. If they are not active military they are responsible for the full amount of the lease as written unless granted a release by the landlord.

Posted by Daryl J, DC on Monday, May 26, 2014