How To Enforce 30 Day Notice to Vacate?

3 Replies

I was notified last night by my property management company (also a large, full service turnkey operator) that my tenants in one of my properties provided notice to vacate. These tenants were on a one-year lease previously, but went month-to-month in November.

Upon digging further, it turns out the tenants provided this notice to vacate on January 17th. They plan to return the keys by February 1st. This is obviously not at least the 30 days the property management company requires.

The PM said that they do not pro-rate final month’s rent. If keys are returned by Feb 1st, no rent is due; if not, tenant owes full month’s rent.

My question is it seems like the 30 day notice requirement isn’t really much of a requirement based on the timeline of this situation. Do I have any recourse?

Originally posted by @Mark S.:

I was notified last night by my property management company (also a large, full service turnkey operator) that my tenants in one of my properties provided notice to vacate. These tenants were on a one-year lease previously, but went month-to-month in November.

Upon digging further, it turns out the tenants provided this notice to vacate on January 17th. They plan to return the keys by February 1st. This is obviously not at least the 30 days the property management company requires.

The PM said that they do not pro-rate final month’s rent. If keys are returned by Feb 1st, no rent is due; if not, tenant owes full month’s rent.

My question is it seems like the 30 day notice requirement isn’t really much of a requirement based on the timeline of this situation. Do I have any recourse?


 

It sounds like your PM company is to lazy to enforce the lease. 30 days notice means 30 days. If they gave notice on Jan 17, they are responsible for rent until Feb 17 at the earliest. If you find a new renter to move in before the 17th, you refund them any remaining days.

Your PM company is bad at math. If the Tenant provides notice on January 17th, the Tenant remains obligated for rent for a full 30 days, which would take them until February 17th. They owe rent through February 17th. If the PM does not prorate the final month, the Tenant would be responsible for a full month of rent in February.

It appears the PM is more worried about protecting the Tenant, not you.

Your PM is being lazy and not wanting to do their job.  If they gave notice mid Jan, they can move out Feb 1 BUT they need to pay the rent until mid Feb.  The  PM can withhold that amount from the deposit-so tell them that BEFORE they return the deposit.