Landlord Question and Answer Forum

Hi: My tenant is a month to month renter. She informed me on 5/17 that she was moving at the end of the month (and that I could keep her security deposit). She didn't provide written notice (she had her husband, who was not originally on the lease tell me they were moving). nor did she pay June's rent. Am I entitled to the full month's rent for June or a prorated rent equalling 30 days from 5/17? Also, she had numerous repair items that are "far" outside of normal wear and tear (i.e. broken windows/screens, broken/missing blinds, cracked door frame, etc.). Not to mention the $900 water bill that's due because her service was shut off. The tenant thinks that because she left the $1300 sec dep that she owes nothing else.

If your contract state that a written Notice is required, no Notice has been given. If contracts states that sec.dpst is not to be used as last months rent, her suggestion is invalid. As for the water bill, if it was in her name, you probably are not responsible. Consider asking her to give you written Notice within 24 hrs. If you don’t receive one, consider serving her with a Notice to Pay or Vacate. Or, you could serve her with a 30-Days Notice to Move. It all depends on how soon you want her out. In either case, it appears that you will have to take her to Small Claims Court to collect $$$$ owed. The question you have to answer is “Is it worth my time and if judgement is in my favor, will I be able to collect.” No – life is not fair! -----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 Friday, June 8, 2012