Our rental tenant is month to month and is now trying to get out of the lease early.?

Question

They gave us a month notice, however, they pay on the first of the month. They gave us their notice on the 20th and wanted us to prorate the rent for 20 days. What is the usual protocol?

Answer 1

You need to check your state's laws.

However, most states require that the notice coicide with the end of a rental (month) term and do not require the landlord to prorate the rent.

Notice on the 20th of July would not go into effect until the 1st of August and the tenant would be liable for the full month of rent for August.

If they fail to pay for the full month, deduct the remainder from the security deposit. Since the full rent was not paid on the first, deduct the late fee as well.

California is one exception, in which the 30 day notice is a literal 30 days and can be given on any day of the month.

Answer 2

You prorate the rent, you have a month to month agreement. Unless you have something that states it must be a full month 1st to 30th or 31st, you are stuck with that arrangement.

Answer 3

A month to month tenant would have to give a 30 day notice, before the rental due date.  So giving notice on the 20th, they would still have to pay for the entire next month.

Answer 4

Depends on your state law, which you can probably read on the internet.  

Many states require notice 20 days before the rental due date.  In that case, notice must be made by the 10th (or 11th) to be effective the first of the next month.

They are probably too late for this month, in which case the power is in your court.  You can be a "nice guy" if you have another tenant in the wings.  Otherwise, they have an obligation.

Answer 5

It does not matter when they give you notice, what matters is that they pay you for 30 day's following the date of notice to vacate. You sound as though you haven't managed property for very long. You need to educate yourself on the laws if you are going to have rental property or your going to have a hard time. If there agreement is month to month and it started on the 10th of a month and runs through the 9th, they can give you notice on the 15th lets say, as long as they pay you through 30 days following. Call your local housing authority and speak to someone or get an attorney on retainer until you understand the laws. In this case, they are right! Good luck in the future.

Answer 6

Prorating rent is not uncommon, I have done it with rental property I own.  Unless you have a prior rental agreement that says otherwise.

It is actually to your advantage.  If they leave on the 20th, then you have 10 days to fix or update anything that needs to be done before the 1st rolls around.  Most people move on the first and  this would be more convient for your new tenants as well as you.

Think about it...if they leave on the 10th you only lose 10 days of rent.   If they move on the last day of the month, you could lose a whole month of rent before someone moves in on the first of the next month...assuming you do not find a new renter.