Rental Property Investor · Riverside · Member since 2021 · 21 posts · 7 votes
Tenant was supposed to pay rent on the first. Found out from him on the second that he had already moved out. The room was left in good condition and I have 1 month security deposit from the tenant. His rental agreement was month to month and he had only been there for 6 months. Do I give him a 3 day notice to pay or quit, and then a 30 day notice?
Thanks in advance for the help. This is a first for me but I am sure that more experienced property managers have seen this before.
I don't see where you would need to give a 30 day notice you intend to end his lease or a 3 day pay or quit when he told you he was gone. Follow your lease but I have to assume you have in your lease that you will keep the deposit without a 30 day notice so I'd just send a certified letter to his address, possibly yours if you don't have a forwarding address stating that you were keeping the deposit and moving on. You got lucky that everything was in good shape and may come up ahead if you can get it rented by the beginning of the month. This tenant is most likely not expecting his deposit back knowing they did not give notice but I would prepare for a sob story for them to try.
If the tenant has already moved out and the room was left in good condition, you do not need to give a 3-day notice to pay or quit. Since the tenant's rental agreement was month-to-month and he had only been there for 6 months, you would need to give a 30-day notice of termination if you want to end the tenancy. You can use the security deposit to cover any unpaid rent or damages, as long as you follow the laws and regulations in your state regarding the use of security deposits.
I don't see where you would need to give a 30 day notice you intend to end his lease or a 3 day pay or quit when he told you he was gone. Follow your lease but I have to assume you have in your lease that you will keep the deposit without a 30 day notice so I'd just send a certified letter to his address, possibly yours if you don't have a forwarding address stating that you were keeping the deposit and moving on. You got lucky that everything was in good shape and may come up ahead if you can get it rented by the beginning of the month. This tenant is most likely not expecting his deposit back knowing they did not give notice but I would prepare for a sob story for them to try.
Keep the deposit to cover Feb rent as he didn't give notice. Otherwise, you have it in writing that he left, so try to get it rented. Make sure you check your local laws about the lease, often you have a set amount of time to let the tenant know how much of their deposit they are getting back and what the rest is being used for (eg unpaid rent).
I would not presume to know about Cali LL/Tenant laws, but regardless, when someone vacates, you always need to provide a reconciliation of their Security Deposit. It doesn't matter what the circumstances of their leaving is. If local laws require a tenant to provide X number of days written notice of vacating, that pro-rated amount would be the minimum you would normally be deducting from their SD if they vacate without notice. Normally on this letter you indicate the amount of Deposit you are holding; description of any pre-paid rent for the period; descriptions of deductions including a line item for the pro-rated rent; and if applicable pro-rated utility costs; cleaning or damage repairs per included invoice. Generally, if challenged in court, Judges want to see actual invoices for repairs...they don't care about your personal labor and are not likely to order tenant to pay you for it.
I am assuming you received the keys back from this tenant? If they turn keys over to you, or leave them on the countertop for you, it can be considered vacated as of that date (check your local laws on this, or sit in on a couple court sessions of LL/Tenant cases). Just take pics if the keys are left out for you, or include a statement on the reconciliation letter that Joe Tenant turned over keys and possession on (date). Send the letter Certified, Return Receipt Requested to a forwarding address if you have it, or to the property address he just vacated. If USPS returns it to you unopened, and undeliverable, leave it sealed and add it to the tenant file.
This is such ******** cuz im dealing with the same thing and everybody is saying the same crap. Why do landlords have such little power? What happened to garnishing wages and all that? If leases are powerless and tenants can leave whenever they want, then whats the effing point? Why is the landlord tenant laws in this country so full of crap?
The only other things to keep in mind is that you generally can't collect rent for the same unit for the same time period. So if you get it rerented fast enough, and there were not other deductions, you may owe the tenant a prorated refund.
Agree with Joshua that landlords are losing leverage at an alarming rate. We need to push for better laws and educate people how the insanity is raising housing costs to help cover the higher risk landlords are taking on.
If he was MTM he still needs to provide you a 30 day notice therefore, his deposit should be kept since he did not give you proper notice. @Spencer Howe
Thank you for the replies. I ended up just emailing him that I will be using his security deposit for lost rent and he acknowledged that he would not be getting any money back. It seems like a lot of tenants are not very well informed on renting procedures. My screening processes are constantly evolving with each new experience I encounter.
I wouldn’t lose too much faith, it is a legal contract and I have had success in the court system with a previous tenant who did not pay and threatened me. You can always go after compensation for rental loss and criminal charges if you feel the need. I would rather avoid the extra headache and pick winners of the get go.