Hi everyone, I could use some help because i dont know anything about  about rentals and my mom is having some issues.  My mother has her first tenant and the one year lease expired today (sept 1st).  Her tenant asked her on August 1st if another year lease could be signed and paid her the rent for august.  On August 14th the tenant informed her that she would be moving on the 31st and did not want to renew anymore.  A friend of my moms with rental experience has told her that she can keep the last months rent that was paid upon lease signing because the tenant didn't give her 30 days notice.  I have no idea if this is accurate and i dont want my mother getting into any trouble or being taken advantage of.  Any help would be greatly appreciated!

For situations like this, I consult my attorney.  I think that if they move that quickly, then you should notify them in writing that they are leaving without giving proper notice and that you recognize the move out date to be 30 days later.  And that you will be taking their last months rent.   

Thank you for your reply Brian.  I know my mom doesn't have an attorney but I'll suggest she get one.  Ill also suggest she send a letter or email like you said. The tenant sent her an email this morning stating that she wanted her last month's rent back, my mom already gave her the security deposit back because there were only minor issues upon move out.

It's always good to consult an attorney to be safe, but has she considered keeping the amount of rent owed for strictly the days the tenant is there and pro rating the rest back to them? Sometimes it is better to just get the matter resolved quick and move on to the next tenant. How much would she be spending on an attorney to try to keep that rent? Speaking with an attorney may still be the correct answer, I don't know. You could also talk to a local property manager as they should be able to give you some free advice.

After re reading your post it sounds like the tenant had paid through to the end of August and gave 2 weeks notice on August 14th instead of 30 days correct? And planned to move out August 31st? If that's the case and the tenant has already moved out I wouldn't worry too much about it. Yes typically 30 days notice is required but it's more important to worry about getting the unit rented again in my opinion.

However she still needs to be charged for the days she lived there!