Landlord Question and Answer Forum

We have a tenant that the lease ended 8.31.2017 no renewal was issued. They called office on 2.26.2018 stating they are moving out end of February. We are scheduled to do a walk through 3.5.2018. Original lease has a Holdover by Tenant that states. HOLDOVER BY TENANT. Should Tenant remain in possession of the House with the consent of Landlord after the expiration of the Term of this Lease, a new tenancy from month to month shall be created which shall be subject to all the terms and conditions of this Lease, but shall be terminable on thirty (30) days by either party or longer notice if required by law. If Tenant holds over without Landlord's consent, Landlord is entitled to double rent, pro-rated per each day of the holdover, lasting until Tenant leaves the House Are the required to pay the 30 days from when they called on 2.26.2018 at prorated amount?

yes, they needed to give thirty days notice.

Posted by Scott H, VA on Wednesday, March 7, 2018

I agree, it is common law that a month to month lease requires a 30 day notice if they are moving out. You should be able to find that law in your state statutes and notify the renter. This is also why I always collect last months rent and a deposit equal to one months rent, because it comes in handy when people breach lease agreements.

Posted by Sandra P, MN on Wednesday, March 7, 2018

Thank you

Posted by Meridian Real Estate Ventures, Inc. , GA on Wednesday, March 7, 2018