Pro Rated Rent on a month to month lease after given notice

[Cody Jackson]

Hello all,

I have tenants who were on a year lease that converted into a month to month lease per the terms of the original lease. They gave a 30 day notice to vacate mid-way last month. They paid for the current month. Am I obligated to terminate their lease 30 days from the vacate notice (and pay them back a prorated amount for the rest of the unused current month) or am I entitled to the full rent for the current month?

Thanks.

[Deanna McCormick]

The lease is month to month,, starts on the 1st goes to last day of month..

They would be required to give you notice prior to the 1st of the month to vacate at the end of the upcoming month..

So notice on or about Aug 15th, would be proper notice for them,, to vacate Sept 30th,, They dont' get to leave Sept 15th..they have to give a complete 30 day notice.. of course they can move,, but they would owe you the entire months rent for September.. And your entitled to full rent for September.

If you re rent after they vacate for any portion of the month of September, you would have to give them a credit / refund on the days you collected rent from the new incoming tenant for the days of September you collected.

You would send out your move out statement by date your state says must be done.. as per the date they turn in keys.. if you rerent,, you send out an adjusted statement with a check or adjustment showing the difference owed / refunded.

Download your state landlord tenant laws,, it helps.