Landlord Question and Answer Forum

I had a young tenant move out and did not give me a 30 day notice . It was more like a 20 day. In our rental agreement it states a 30 day notice is required . She had just moved in 4 months ago. Everything looked fine as far as the apartment . Do I have to give her full deposit back to her ? The deposit was also a rental assistance from a program. Thanks for your answer in advance.. Mitch in Minnesota .

This was a month to month lease by the way. thanks again. Mitch H, MN

Posted by Mitch H, MN on Tuesday, May 14, 2013

She is responsible for rent until the 30 days is reached. Check State law to determine when the 30 Day Notice starts. In CA, a 30 Day Notice can be given anytime during the month. Other states may be when rent is due or the 1st of the month….. Who is the assistance from and is there a contract with them to pay for part of the rent? -----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 Fed/State/Local and Tax Laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance. BTW...check out the Rental Property Organizer at Simp-List.com. Free Trial Download. A great program at tax time and at a great price! Check it out.

Posted by Bob R, CA on Tuesday, May 14, 2013

She did move out on the correct move out date, however did not give me the 30 day written notice, it was a 20 day notice via " text message".. reason being she could'nt afford to live on her own anymore. Thanks again Mitch H, MN

Posted by Mitch H, MN on Tuesday, May 14, 2013

The correct move out date is NOT the date she said she would be leaving the property. One could also argue that a text message is not proper Notice. Most State laws require a written Notice..... MN law stares “If you decide to move out of your own free will, be sure to give proper written notice if you have a periodic lease such as a month-to-month rental. The landlord must get this notice by 11:59 p.m. the day before your rent is due for the last rental period……For example, if you are renting on a month-to-month basis and you want to move out by February 1, you must give your landlord written notice of your intent to move before midnight, December 31.” If she can’t pay in full the amount owed, work out a payment plan and do it in writing. -----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 Fed/State/Local and Tax Laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance. BTW...check out the Rental Property Organizer at Simp-List.com. Free Trial Download. A great program at tax time and at a great price! Check it out.

Posted by Bob R, CA on Tuesday, May 14, 2013