3 Day Notice Served

8 Replies

Today I served a 3 Day Notice to Quit to my tenants. There are multiple lease violations and they need to move.

All previous 3 Day Notices I have served have been because of unpaid rent. These people have paid their rent in full for June, so that is not the issue.

Here is my question: If they actually move out in 3 days, or before the end of the month, do I have to reimburse them any left over rent for the month?

Originally posted by Account Closed:.

Here is my question: If they actually move out in 3 days, or before the end of the month, do I have to reimburse them any left over rent for the month?

Even  if you are not legally required to do so ,  why would you not want to reimburse them for unpaid days?

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I will probably reimburse them either way. Just want to know what is required.

I would offer to refund some of their deposit or prepaid rent if they leave your place in good condition.  Asking people to leave who have already paid for the month, I am assuming they will not be "happy" and could damage your property. 

I already told them that if they leave it clean and undamaged, they will get their deposit back. 

I'm a So. Ca landlord.  Since you told them to fix the lease violations (not rent) or move and they chose to move, you gave them the option of ending the lease early.  So yes you have to reimburse them for any unpaid rent.  But you get to fix the lease violations and deduct the cost from their security deposit.  Don't forget to offer the pre-move out inspection.  Oh yes get them to give you the keys and perhaps a written statement they are moving out as per the notice.  By the way you could have given them the "happy clause" letter or an ELT offer before you resorted to a 3 day notice.

Cam, would you explain the "happy clause and the ELT?
Thanks

ELT fee=early least termination fee

To calculate the fee, I add $XXX to the rent. It MUST be a stand alone fee, NOT a statement about "rent + $XXX".  Be sure to sure to pay close attention to the law, and do it exactly right for your state.

Happy Clause as posted by others on another site, goes something like this:

Obviously you are not happy living here. You need to move out and rent somewhere else where you'll be happy. I'll waive the rest of your lease time and you can move by the end of the month to somewhere where you'll be happy.