If a tenant did not give 30-day notice prior to move out can the landlord charge for part of another month is the question this week for Ask Landlord Hank. Remember Hank is not an attorney and he is not offering legal advice so check your local and state laws. If you have a question for him please fill out the form below.
Dear Landlord Hank:
My tenant’s one-year lease was up on Sept 30. They paid September rent. Then on Sept. 20, they gave me a notice to move.
Do I get to charge them for Oct 1-19, which would be 30 days?
What is my recourse? Don’t they have to give 30 days’ notice no matter what the lease is? – Diana
Dear Diana,
Your lease with your tenant is the controlling document for your relationship.
Most leases will have a RENEWAL clause that indicates something like: Landlord or tenant must notify each other in writing prior to lease expiration date of an intent not to renew the lease. If the required notice is not given by landlord or tenant, and the tenant vacates as of the lease expiration date, tenant shall owe an additional month’s rent.
BUT in your case the tenant did give notice, just not 30 days’ notice. I would not require the tenant to pay additional rent for Oct 1-19 as I don’t think you’d win in court if this were to come to trial.
You could have inquired with the tenant if they were going to renew or not 30 days prior to termination of lease, and you didn’t. I would consider this lease to be closed. Be fair with the tenant’s deposit and return as required by law in your state.
I’d also make sure you have a more detailed lease with your next tenant. Best of luck.
Sincerely,
Hank Rossi
Each week I answer questions from landlords and property managers across the country in my “Dear Landlord Hank” blog in the digital magazine Rental Housing Journal. www.rentsrq.com   https://rentalhousingjournal.com/asklandlordhank/
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Editor’s note: Be sure to check the laws and regulations in your city or state on this issue as rules vary across the United States.
