Landlord Question and Answer Forum

We rent our properties with a month to month lease. One of our tenants paid the first and last month rent upon move in. They paid their rent for July then told us they were moving and were gone by the 31st. The lease states they must give us a 30 day notice in writing. My dilemma now is whether I should give back the rent they paid for July. They gave us 24 days notice. I am wondering if I should pro rate it or should I keep it since I can't get another renter in for the month of August. Any advise? Thank you in advance.

Never, Never, Never accept verbal Notice to Vacate. Tell tenant that they must send you a written Notice (optional - using the date they 1st told you)………. Without the Notice they have the right to move back in within a reasonable time…… Without a Notice you should be able to keep all of July rent and apply the last month rent you received to August provided you were unable to rent property for Aug.…….. Check your local/state tenant laws.

Posted by Stan M, CA on Wednesday, August 9, 2017

Thank you Stan for your response. I should have added they told us through email that they were moving. Does email count as written notice? We have not been able to rent the property but have someone wanting to rent beginning Sept 1. The previous renters have asked us for a refund of at least part of the rent and their security deposit which I kept because of damage done to the property. I listed each item and the cost of repair on the security deposit notice.

Posted by Roger, Susan R, WY on Tuesday, August 22, 2017

If the law says by mail, it must be mailed. I accept via email but inform tenant that they are still required to mail me a Notice and that they could include the email date provided I receive the written Notice in 3 days. If I don't receive Notice in 3 days, they are responsible for rent until 30 days after Notice is received or Lease terminates and tenant has vacated property.

Posted by Stan M, CA on Wednesday, August 23, 2017