Tenant left on 15th during month to month, should I insist on the full month rent?

Question

Very good tenants left on 15th during month to month after 2 years, leaving the place immaculate. I easily re-rented the vacant unit immediately for the 1st, without having to show it with them in the process of moving out.  Technically a month to month is by the calendar month and legally I can charge them. But should I? A half month vacancy for 26 months is not a bad vacancy rate. Oh, and they're both lawyers!

Paul Hoeppner · Answer

I'm a little confused still. They gave you 30 day notice that they were leaving at the end of the month, but then left on the 15th?

In all honestly, it sounds like you don't want to charge them. I can see where you are coming from, and I can appreciate someone who actually cares about other people, but I think you need to charge them for the full month as long as you didn't rent the place out to a new tenant before the 1st of the month. They are expecting to the pay the full month's rent. Just because they moved out early, I don't think entitles them to a discount unless you were able to secure a new tenant before the 1st of the month.

As far as taking it out of the security deposit, I think this is a good example when that would be acceptable.

Account Closed · Answer

You didn't get the full month's rent on the 1st?

Johann Jells · Answer

@Mike H, technically you're right on all counts, but they're not lowlife's pulling a fast one.  They just misunderstood the law, since it's not their area. Besides, they moved out because they got married in the church on the corner and bought a place 2 blocks away. They're neighbors now, maybe they'll hire my kids to babysit.

Mike H. · Answer

I think I'm still confused. You said that they gave 30 days notice and left on the 15th but told you to take the two weeks out of the security deposit.

They should be charged the entire month of rent. And it sounds like they're ok with paying it. Unless you're saying that they were telling you to take out the first two weeks of the month they were there and didn't want to pay for the last two they weren't.

Bottom line is a month to month lease is exactly that. They're paying by the month. They are not entitled to prorate one month's rent. If they gave you 30 days notice on the previous 15th, then they were still required to pay you rent on the first or else you could have filed an eviction notice on them.

As you told them, they can't tell you to use their security deposit for rent. Not an option.

If it were me, I'd keep their entire security deposit and tell them thats for the entire month of rent. That you don't prorate rent just because they want to. Its either all or nothing for the month.

If they're lawyers, then they could easily check the laws and find out you're in the right. Lawyers may be more prone to take something court - but only if they think they're in the right. They also don't want to look stupid and take something to court that clearly isn't within their rights.

A judge may give a regular person a little more leeway. But he's going to expect an attorney to know better.

I'd keep their entire security deposit to cover the entire month of rent. Normally, I'm pretty lenient on working with people. But in this case, I think they're pulling a fast one with not paying that last month of rent and asking for the security deposit to be applied. They know thats not right either......

Johann Jells · Answer

I think you're right on all counts. We need to make clear in the lease that the "month to month" that we're fine with after the 1st year means calendar month, not any 30 days you like.  We're going to let this one go. my wife pointed out I made an arithmetic error on our rent raise, it was $250, so we basically make it back in 2 months.

Steve Wilcox · Answer

You should have already collected the full months rent at the START of the month, not after they lived there for the month.

Cash for Keys, they dont get to stay there for a month then decide they may or may not want to stay.

Collecting money upfront will protect you, remember this going forward

Marcia Maynard · Answer

We prorate the first month.  We will prorate the last month only if the tenant gives us written notice to vacate in accordance with our landlord tenant law, prepays the last month's rent (or portion we agree to) and moves out by the date specified on their written notice.

In your case, it sounds like they gave you ample notice, moved out by their specified date, and you agreed to deduct the portion of the last month's rent from the security deposit as per their request.  You already have your answer.  Do not fight them on a technicality in a rental agreement that may not have been communicated clearly.  Move on.  As you said, they were very good tenants, so treat them well and wish them well.

Next time, put the move-out plan in writing to make it clear to all parties.  Also, in the future, I would advise you to not release any portion of the security deposit until you have regained possession of the unit and have completed your final accounting.  Every month's rent must be prepaid, including the last month's rent (or portion thereof.)   Communicate this clearly.  Lawyers would understand that. :-)

Johann Jells · Answer

They gave 30 day plus notice, and said they wanted the half month taken out of their security. Normally I make clear that's not what security is for, but I'd been in the unit recently and it was in fine shape. We are talking about $590, it's not chicken feed, but the ease of re-renting does count for something.  Not everyone is capable of looking at a unit that is a mess with boxes everywhere and imagining what it looks like with their own stuff as easily as with a vacant clean space. And we rented it for $150 more!

Gerald K. · Answer

You didn't specify, but did the tenant's pay for the entire month's rent on the 1st but leave on the 15th without notice? If so, are you asking if you should return the two weeks rent they paid while they were not living there? What communication took place?

It sounds like the tenants did everything they were obligated to do except let you know with proper notice they were moving out. It's great that you rented it out within only two weeks, but you could have rented it out at turnover. Who paid utilities during that two week vacant period? You should check your landlord tenant law for your state. In WA state, tenants are required to give us at least 20-days notice prior to the end of the rental period - usually prior to the end of the month. It's strange that tenants that are lawyers would not follow the law.

Aly W. · Answer

Were the tenants expecting you to take it out of their security deposit? Some do, despite what the lease says about that. Even though they were great tenants, you were likely a great landlord and should not have to lose 2 weeks rent.

Did they tenants show the unit? If they did, I would give them a gift card but 2 weeks rent is probably significant for you.

Tenant left on 15th during month to month, should I insist on the full month rent?

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