Rental Property Investor · Cleveland, OH · Member since 2012 · 110 posts · 13 votes
Hello,
I served a 3-day notice to a tenant recently and they should be completely moved out by tomorrow, January 23rd. There were drug-related issues and they violated the lease, so I served the 3-day.
My tenant paid me January's rent in full. My question is: Am I supposed to refund any "unused" portion of January's rent since they moved out early? Or because they violated the lease, are they NOT entitled to any refund?
The monthly rent is $695. If they have vacated the unit by tomorrow (23rd) that means there would have been 8 days remaining in the month, or $179.35 "unused" and prepaid rent for the month.
I plan to give a refund of security deposit (less any damages) however I am unsure if I need to refund any portion of the actual rent or not?
Thanks in advance for any advice!
Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
10y
Should be addressed in your lease how partial payments/refunds would be addressed. Since you are kicking them out, and if they went peacefully, I would give them the refund.
Investor · Socal · Member since 2015 · 222 posts · 34 votes
10y
Interesting, looking to see how Ohio law deals with this situation where landlord gives 3 day Notice to Quit for drug related activity, tenant moves out leaving behind both the rest of the month (?) and security deposit.
Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
10y
Should be addressed in your lease how partial payments/refunds would be addressed. Since you are kicking them out, and if they went peacefully, I would give them the refund.
Rental Property Investor · Durham, NC · Member since 2014 · 1k+ posts · 1k+ votes
10y
I agree with @JD Martin. If they move without much of a fuss, I would refund the unused portion of the rent. It's only $179, so it's no great loss. And the landlord is ending the lease, not the tenant.
Of course, if your lease and, more importantly, the laws of Ohio say differently, and if you desperately need to keep the money, then it's your decision. Personally, I'd hand it over and be happy I got rid of the tenant so easily.
Investor · Neptune Beach, FL · Member since 2015 · 143 posts · 172 votes
10y
I refunded the 'unused' portion of rent for the last tenant I asked to leave. This was on the condition that they left peaceably and my unit in good condition
