Tenant and unclear 30 day notice, do I send a 30 day vacate back?

Question

In the beginning of June, I sent a letter to my tenant asking if they would renew their lease end of July.  In short, I wanted to get a head start and an idea 60 days before the end of their lease to see if I would have to start looking for a tenant.  They wrote a letter stating that they will not renew and that they would let us know the exact date they were leaving when the time came close.

If my terms are a one year lease and the tenant chooses not to renew, then their vacate day is the end of the lease.  This is pretty clear to me, but it seems my tenant doesn't want to give a firm date in case they cannot find a new home before that time.  Should I send a 30 day vacate letter?  What is the normal procedure?  Thanks in advance.

Chris Sweeney · Answer

Like Jon mentioned I get written response from my tenants on what they intend to do especially since I want to start marketing the property if they are leaving.

I would give the 30 days to vacate once you talk to them again and confirm that is their intention.  Just tell them you need the notice returned to proceed and they should be fine.  I did this in the past and they said "oh I got your 30 day notice and don't worry we are going to move out."

Don't forget the important clause (if you don't already have it included) mentioned by Jon giving you permission to market the property and that includes showings.  This is huge to avoid going vacant.

Jon Holdman · Answer

When I send the letter asking if they want to renew, I include a letter for them to sign and return that explicitly indicates their intentions: Property: Tenant: <> We intend to continue to occupy the property on a month-to-month lease. All terms in the lease dated July 8, 2009 remain in effect. The rent will be $1150 per month, but may be changed with 30 days notice. We understand we must give 30 days notice before the end of the month if we intend to move out. We understand we can only move out at the end of a calendar month. <> We intend to vacate the property on or before June 30, 2010. We understand the property will be offered for rent starting June 1, 2010, and we will make the property available to show to prospective tenants with 24 hours notice. Written notice that you intend to vacate the property must be received by landlord on or before May 30, 2010. <> We would like to sign a new, one year lease. The lease will be for the period July 1 2010 to June 30, 2011. The monthly rent will remain $1150 per month. No additional security deposit is needed. I will contact you to arrange a time to sign a new lease. For tenants on a month to month lease (everyone now), if they call and say they want to move out, I send a letter for them to sign and return: Property: Tenant: We intend to vacate the property on or before June 30, 2011. We understand the property will be offered for rent starting immediately, and we will make the property available to show to prospective tenants with 24 hours notice. Written notice that you intend to vacate the property must be received by landlord on or before June 10, 2011. The lease states they have to move out at the end of the month and they have to give me 30 days written notice. If they call on the first and say they want to move, I'll use the letter above, which gives them until the 10th to get the written notice to me. I've found it does little good to take calls or do showings in the first half of the month for a property that's not available until the 1st. But they have to pay for a full month on the 1st, just like always, and have to leave at the end of the month.

Steve L. · Answer

It depends how your lease it is written.  Usually they have to move-out at the end of the lease unless your accept the next months rent and it automatically converts to a month-to-month lease.  I would just call and straighten out the situation.

You really shouldn't be to worried about it.