I have tenant for 6 years with an annual lease renewal. The lease states that owner and leasee must provide a sixty day notice.
About 60 days before the lease expires, I spoke to tenant and the tenant wanted to renew but didn’t know if her son’s girlfriend will move in or not.
So on Jan 15, I spoke to the tenant about who to include in the lease when the tenant said that she was leaving at end of January in 15/16 days.
So my question is what are my rights? Can I ask for 1/2 months rent? Or more?
Any guidance would be appreciated.
Hi Acie, do you have a copy of the lease? What were the terms if the tenant leaves before the lease ends?
I usually just keep the security deposit which they seem to expect. Better than an eviction and you get to use the security deposit to get the unit rent ready. Any more than that and you may get some pushback. They did pay you for 6 years.
The lease expired on Jan 31. The issue is that I was given only 15 days notice instead of the sixty days. The tenant will leave on the last day of the lease.
You will probably lose two months rent between the vacancy and any repair costs (paint, flooring, etc.). You can most likely keep their security deposit which will make you only be out one month's rent. Like @Eric Mayer said, they'd paid for 6 years and I'd assume they were pretty decent tenants if you kept them that long. I wouldn't lose too much sleep over it and/or try to collect any more than that. It probably won't be worth the time and effort.
You've had a (presumably paying) tenant for 6 years.
You were both lackadaisical about the renewal process.
Wish them well and focus on finding a new tenant. Use their deposit for REAL damage but be conservative. Most will fall under normal wear and tear after that long anyway. Expect to eat the cost of a full repaint and new/refinished flooring depending on what you have in there.
The loss of 15 days prep time while they are still in there doesn't really hurt you.
Make sure your new lease has an expiration/renewal date in the Spring or Summer. You can do any length lease that renews for however long you want. For example : a 6 month lease that renews for 12 months.
@Acie Martinez Technically you can keep half a month's rent as your lease likely says you need 30 days' notice. If they are out on the 31st and the place is clean, you've had 2 weeks to market it for rent-not ideal but better than nothing. On the other hand if you need to paint or do other things, try to get it done and rented for Feb 15.
Since your lease requires 60 days notice, they are responsible for the next 60 days of rent. Make attempts to mitigate your losses, by trying to re-rent asap. if you get a new tenant in within the 60 days, they don't pay the whole thing.
Of course, since they've been there for 6 years, you always have the option of throwing them a bone and not holding them to it. Your call.
The lease requires the tenant to give 60 days notice. If she gave notice on January 15th, she's required to continue paying rent for the next 60 days.
The only exception would be if you found a tenant sooner, then you are legally required to cut the former tenant loose at that point.