Landlord Question and Answer Forum

Tenants after 1 yr had an automatic renewal. I went over this with them at the beginning, but they must have forgotten because 6 months into their second year they gave me a move out notice 30 days prior to moving out. I reminded them of the automatic renewal notice when they signed the lease and this also prevented me from increasing the rent. They have been wonderful tenants, but they moved out and I am trying to re-rent. I have one week before the rent is due. When should I let them know not to forget to pay the rent since the home has not rented yet. I plan to tell them that if the home rents anytime in the next month whatever is left in the month I will refund to them along with their deposit. Also, can the tenants say they want to use their deposit for the next month rent if it does not rent by the end of the month and has not rented.? Thank you! GR Arizona

I believe most states have a limit as to when you must return their deposit by, have you checked that?

Posted by Dawn A, WI on Sunday, March 24, 2013

This is not what I am asking. Thanks any way. What I am asking are they legally bound to pay the rent since the tenants had an automatic lease renewal for another year and are now breaking the lease by moving out prior to the end of the renewal lease. They forgot that they had an automatic lease renewal and said they did not sign another lease. I showed them in the contract where the renewal lease statement was and they signed the original lease with this statement and this also prevented me from raising the rent. They told me they wanted to stay for 2-3 years. This is why I did this. They have moved out and I have not rented it yet. I am trying and the rent is due in one week. Do I need to let them know that they need to submit the rent and as soon as it gets rented if there is any money available for the next month I will return it. Thanks.

Posted by Greta R, AZ on Monday, March 25, 2013

Most likely if they have already moved on, you will not get any more rent out of them. Your best bet would be to use their security deposit as last month's rent, and re-rent it as soon as you can. But you have to give them an itemized deduction listing within your state's time frame. The reason why I'm stressing this is that if you don't, they can sue you and some places allow the tenant to get 3x the amount of the security deposit from you. Just don't want you to have a legal issue on your hands.

Posted by Dawn A, WI on Monday, March 25, 2013