Landlord Question and Answer Forum

I hope you can assist me. I had a tenant who signed a lease that had a term date of 8/31/11. The lease stipulated that 30 days prior notice must be given before the last day of lease term or any renewal thereof, and if no notice given it would automatcally continue on a month to month basis. Tenant informed me on August 15th they wanted to go month to month. On August 17th tenant sent me written notice they might change mind and sign a new lease. On August 20st tenant sent me written notice they again decided to just go month to month. On August 22nd I sent them a Notice of Increase in Rent stating rent would be increasing on October 1, 20111 and gave them options to select which included accepting new rent amount, signing a new lease at current amount, or not accepting new rent amount and vacating the premises at end of lease period. Tenant gave me written response on August 24th she would be moving out on October 1st and would be giving me 30 days written notice with her September rent check. Today, August 28th, tenant stated that she is not going to pay September rent because the Notice to Pay Rent says she can choose she will be out of premises by end of lease period and plans on being out by 8/31/11 and will be signing the notice and mailing it to me . My question..isn't the fact that tenans requested to not sign a new lease and go month to month, which also requires 30 days notice to vacate, mean the new end date based on month to month, is September 30th? Thank you.

Tenant gave written notice that she will be vacating on October 1st and this is the last agreement made, then tenant is liable for rent through October 1st. Send tenant some type of move-out notice that you received her noticeof intent to move on October 1st and what you expect to be done, (i.e.: where to hand in keys, any move-out inspections to be done, providing a forwarding address, etc...) This shows that you accepted her intent to move out. Written usually will always over-ride a verbal statement.

Posted by Donna , NC on Tuesday, September 6, 2011