Landlord Question and Answer Forum

I have tenants on a two year lease that gave email notice today that they are moving out Sunday (5 days from now) due to an illness. They are already one month delinquent on rent. As far as this months rent, are they bound to the whole month or should I seek pro-rated rent based on the number of days in the month?

You can try to seek it for the whole month, but given they are already 30 days late what are your chances of really getting anything? I will usually try to play nice get them out as fast as possible so you can get in get it ready and re rent it. I have a very similar situation going on right now myself.

Posted by Curtis B, IN on Thursday, August 9, 2012

Technically, you were not given a Notice to Vacate… I would let them know that they are required to give you written Notice. Some of the basic details that should be included are…. 1.Name of tenant and other persons who will be vacating the rental property 2.Address of rental property in Delaware 3.Reason for giving Delaware Notice to Vacate to the landlord or property manager 4.Number of days the tenant has to give up possession of the residential rental property 5.Signature of tenant giving Notice to Vacate to landlord or property manager 6.Delivery to landlord or property manager by First Class Certified Mail and retain the receipt.……You need written proof. Without that letter, it becomes a he-said-she-said. Should they change their mind and decides to stay and you have no recourse. ….. If a tenant vacates the rental property before the lease is over, they still may be required to honor the terms of the Lease Agreement, and could potentially be forced to pay rent for all time periods until the lease end date, even if the property was vacant and notice was given until a new renter moved in…… Consider what Curtis has said. Keep in mind that you can’t force anyone to stay if they are not willing. Also, how many months can you go without collecting rent. After all is said and done, you can always take them to Small Claims Court for unpaid rent, damages and the cost of finding new tenants. ---- Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance.

Posted by Bob R, CA on Thursday, August 9, 2012