What do you do when a tenant gives improper notice?

Question

All - what do you do when a tenant gives improper notice?

Context:

• A tenant has a current lease that expires October 31.
• Lease says it auto renews for an annual term if no party provides 60 day notice.
• We provided a 60 day notice end of August for annual term at same rent, but with 3 additional stipulations in the lease
• The tenant messaged in the tenant portal on mid-September asking for month-to-month.
• We responded agreeing to month to month, but at a slightly higher monthly rent
• Tenant agreed to those month to month terms in the portal. (No formal document but the portal documents the exchange.
• On Oct 2, tenant messaged in the portal that they are leaving by Oct 31.
• We responded as follows: asked the tenant to clarify what terms they are operating under as that Oct 2 notice violates the current lease, which requires 60 days, and that notice would not apply to a MTM agreement that starts Nov 1 (after the current lease ends Oct 31). Further, if it is under the current lease terms, we would technically be subject to renewal for a new annual term. Under that new term, we would require 60 days notice, rent payments during those 60 days, and an early lease break agreement and fee. At best, the notice on Oct 2 would be a notice for the MTM "agreement" in the portal mid-Sept, allowing move out November 30 and requiring rent for that month.
• We have not heard back from the tenant since Oct 2 . (Prior to our last note they asked to consider partial payment in November if we re-rent it early in the month.)
• Note: tenant still owes pet rent for October

A tenant has a current lease that expires October 31.

Lease says it auto renews for an annual term if no party provides 60 day notice.

We provided a 60 day notice end of August for annual term at same rent, but with 3 additional stipulations in the lease

The tenant messaged in the tenant portal on mid-September asking for month-to-month.

We responded agreeing to month to month, but at a slightly higher monthly rent

Tenant agreed to those month to month terms in the portal. (No formal document but the portal documents the exchange.

On Oct 2, tenant messaged in the portal that they are leaving by Oct 31.

We responded as follows: asked the tenant to clarify what terms they are operating under as that Oct 2 notice violates the current lease, which requires 60 days, and that notice would not apply to a MTM agreement that starts Nov 1 (after the current lease ends Oct 31). Further, if it is under the current lease terms, we would technically be subject to renewal for a new annual term. Under that new term, we would require 60 days notice, rent payments during those 60 days, and an early lease break agreement and fee. At best, the notice on Oct 2 would be a notice for the MTM "agreement" in the portal mid-Sept, allowing move out November 30 and requiring rent for that month.

We have not heard back from the tenant since Oct 2 . (Prior to our last note they asked to consider partial payment in November if we re-rent it early in the month.)

Note: tenant still owes pet rent for October

I suspect the tenant will just leave, potentially with things left behind, including a cat. I am thinking of just sending an official breach notice and stating we will apply the month-to-month agreement based on the "agreement" in the portal mid-Sept. Then I would take the security deposit as November payment and within 30 days after November 30, assess determine any repair charges which would have no security deposit to charge against.

Thoughts appreciated.

Jimmy Samaha · Answer

Honestly I'd stop going back and forth about which terms apply and just figure out what you can actually collect. Once you both agreed in the portal to month to month starting Nov 1, most courts would treat that as the deal, so the 60 day annual renewal argument probably won't hold up. Under month to month, a notice given Oct 2 usually runs to the end of the next full rental period, so I'd treat Nov 30 as the move out date and November rent as owed.

I'd send one clear message: you accept their notice, the tenancy ends Nov 30, November rent is due, and if you rent it before then you'll credit them for any days the new tenant pays. A lot of states make you try to rerent anyway, so it costs you nothing and it's way easier to get paid that way than fighting over a lease break fee. Just check your state's notice rules first, some places have a set number of days no matter what the lease says.

Daniel Jung · Answer

One thing I would add: separate what is not in dispute from what is. The October pet rent is owed under any version of the agreement, so I would bill that now, on its own, rather than letting it get tangled into the November argument. For November, I would send one short written summary of your position and then stop negotiating in the portal, because every extra message gives the tenant another version to point to later. I would also start marketing the unit now. If they do leave on the 31st, a shorter vacancy helps you practically, whatever the paperwork fight decides. And before sending a breach notice, I would have that attorney look first, since the added stipulations are exactly what muddy which agreement controls.

Muyees Ayilara · Answer

@Kadia Lawrence — Pittsburgh — 60-day auto renew + portal MTM negotiation — I see this one a lot in FL too — you are actually in decent shape because you have portal trail, but PA judges look at 2 questions.

1. What terms are you actually operating under right now?

You sent 60-day non-renew + new annual offer end of August — that satisfied your 60-day under original lease ending Oct 31.

Then mid-Sept you both agreed in portal to MTM at higher rent starting Nov 1 — even without formal doc, PA generally treats that documented offer + acceptance in landlord portal as an amendment — you offered MTM terms, they agreed in writing in system you provide — that likely kills the auto-renew to annual — you both negotiated away from it.

So you are not renewing to annual — you are converting to MTM Nov 1 — that matters because your remedies change.

2. Is Oct 2 notice proper for that MTM?

No — if MTM starts Nov 1, 30 or 60 days depending on your lease language — Oct 2 for Oct 31 is 29 days, not 60 — so it's short even if you argue MTM notice — and it's definitely short under original lease.

But practical side — what Jimmy said — what can you actually collect vs what you are owed on paper:

You are owed Oct pet rent — collect that now — separate from Nov dispute — send ledger today.

Oct 2 notice for Oct 31 — if you treat as invalid, you can claim Nov rent due under MTM that starts Nov 1 — that's your strongest path — 1 month — not 60 days + early break fee on annual — judge will likely see annual was superseded by mutual MTM agreement.

Security deposit as Nov payment — in PA you can't auto-apply deposit to rent without proper notice and accounting — better: send official notice now: "We acknowledge your Oct 2 notice. Per our portal agreement Sept for MTM starting Nov 1 at $X, a 60-day notice would make termination effective Nov 30, with rent due through Nov 30. Your Oct 2 notice is insufficient. We will hold you responsible for Nov rent. If you vacate Oct 31, we will market unit and mitigate, but you remain liable for rent until re-rented or Nov 30, plus pet rent Oct, plus damages beyond normal wear."[date]

Then document everything — portal screenshots, your Aug 60-day notice, Sept MTM offer/acceptance, Oct 2 notice — send breach letter via portal + email + certified — PA requires written.

For cat / personal property — do not dispose day 1 — PA has abandoned property process — 10 days notice to claim after move-out — photo everything — if you have to store, you can charge reasonable storage — cat is animal control, not property — call animal control, document you did.

What I would do in your shoes:

Send 2 letters today: (1) rent ledger demanding Oct pet rent, (2) insufficient notice letter stating MTM starts Nov 1, termination effective Nov 30, Nov rent due, you will mitigate but hold them liable.

Then re-rent hard for Nov 1 — if you re-rent Nov 15, you can only charge them Nov 1-15 + costs — PA duty to mitigate kills double rent claim.

Don't try to claim early break fee for annual + 60 days + Nov rent — overreaching weakens you — claim 1 month MTM rent + Oct pet rent + actual damages — that is clean, collectible, and portal trail supports it.

Are you self-managing or with PM? In Pittsburgh, 60-day clauses hold if notice sent properly, but portal MTM amendments have been upheld when both parties type "I agree" — you have that.

Not legal advice — just what has held in similar portal cases I've seen — if cat left, document immediately.

Matthew Morrow · Answer

@Kadia Lawrence that's frustrating, especially when you did everything on time. I'm not an attorney, so before applying the deposit to rent I'd run it by a PA landlord-tenant attorney. That's the part that can come back on you. What I'd probably do is put it all in one letter: where you think things stand now, the move out date, what's owed, and what happens with the cat and anything left behind. Tenants are people, but it's still a contract, and a calm letter usually goes further than firing off a breach notice. Hope it works out without too much headache.

Kadia Lawrence · Answer

Thanks Clever! I am using these in a checklist of things to validate!

Clever Mukori · Answer

I'd go the way you're leaning: treat the portal exchange as the month-to-month agreement, since you both agreed to it in writing, and stop arguing lease theory with someone who has gone quiet. Send one clear written notice that says which terms you're applying, the move-out date and rent that result, the October pet rent owed, and how the deposit will be handled. Check your state's rules on abandoned property now, and spell out what happens to the cat if it's left behind, so you're covered before Oct 31. Then list the unit right away, because if you re-rent early in November, crediting them for those days usually beats chasing a balance later.

Kadia Lawrence · Answer

Thanks very much Drew

Drew Sygit · Answer

Most likely your 3 modifications to the previous lease would legally require the actual signing of a new lease.

At best, you probably now have an MTM lease, which defaults to 30-day notice.

Proceed with that...

Kadia Lawrence · Answer

Good points to consider, thank you.

Chris Seveney · Answer

I would argue the three stipulations you were doing voided the current lease agreement.

Also is the auto renewal legal in this jurisdiction as some states it is and in some it’s not.

I would not take deposit for rent - again may not be legal prior to a lawful termination/abandonment:eviction

What do you do when a tenant gives improper notice?

What do you do when a tenant gives improper notice?

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