30 day move-out notice mid-month?

Question

My tenant has a month-to-month lease and gave notice on July 17 to move out on Aug 17. Can this be done or are they responsible for rent until the end of August?

Answer 1

Most likely they are responsible to the end of the month, it really depends on the lease, if it says 1st to the 30th on the lease they cannot break up a month.

Answer 2

It depends on the rental agreement and your state's laws.  (As a landlord, you really should familiarize yourself with both).  

If your month-to-month agreement only requires a 30-day notice, then the tenant is only liable through the end of the 30-day notice period.  It would be nice if tenants were obligated through the end of the month, but this is never assumed unless  your state's laws specifically require it.

Google your state's landlord tenant laws.

Answer 3

No. The 17 days in August will be prorated. A 30-day notice does not have to be given on the first of the month. The tenant is simply responsible for the payment of 30-days' rent from the day they give notice.

For example, if they gave 30-days' notice on July 1 and actually moved out on July 15, they are still responsible for the rent from July 16 through July 31, whether they occupy the property or not.

Answer 4

I don't mean to be disrespectful but if you are the landlord you are expected to know this.  It's the tenant that usually doesn't know.

Notices are given no later than midnight of the last day of the month and go into effective the next day. Many tenants think that as soon as they give their notice they are only responsible for the next 30 days.  Not true!

You're tenant "theoretically" is responsible for rent until the end of August.  I say theoretically because unless you have stipulated in the tenancy agreement that you had your tenant sign when the notice must be given you may be out of luck.  The only other thing that may protect you is what your state/province law says. In other words if it is law that notice must be given a month in advance and no later than the last day of the month you should be in the clear.  If not, then you're going to have to eat the last 2 weeks of August.

Answer 5

In most states, tenancies are assumed to be full months, with any given month of tenancy starting on the day on which the rent is due.  As well, most states require that a thirty day notice be given to coincide with the tenancy month.  If your state is one of those, the tenants owe rent until the end of August.

Answer 6

In most states, the 30-day notice for a month-to-month tenancy only applies to the next cycle.

EXAMPLE: If they normally pay on the 1st, and give the 30-day notice on the 17th ... the notice only means that after the next rent cycle they will leave.

But check your state's laws.