Gave 30 days instead 60 (by LITX [TX]) Oct 8, 2018 10:36 PM|
Gave 30 days instead 60 (by JB [OR]) Oct 8, 2018 11:21 PM
Gave 30 days instead 60 (by myob [GA]) Oct 9, 2018 4:17 AM
Gave 30 days instead 60 (by LindaJ [NY]) Oct 9, 2018 5:05 AM
Gave 30 days instead 60 (by S i d [MO]) Oct 9, 2018 5:10 AM
Gave 30 days instead 60 (by LITX [TX]) Oct 9, 2018 5:35 AM
Gave 30 days instead 60 (by Deanna [TX]) Oct 9, 2018 7:57 AM
Gave 30 days instead 60 (by LITX [TX]) Oct 9, 2018 8:04 AM
Gave 30 days instead 60 (by Jim [PA]) Oct 9, 2018 9:05 AM
Gave 30 days instead 60 (by LiTx [TX]) Oct 9, 2018 8:14 PM
Gave 30 days instead 60 (by LITX [TX]) Posted on: Oct 8, 2018 10:36 PM
So if your tenants gave you 30 days instead of 60 days notice to move on the last month of their lease. The lease required 60 days. Do you charge them a fee or just deduct the days it is vacant? --47.32.xxx.xxx
Gave 30 days instead 60 (by JB [OR]) Posted on: Oct 8, 2018 11:21 PM
You will be lucky to charge them anything extra unless you have it clearly spelled out in your lease. --24.20.xxx.xxx
Gave 30 days instead 60 (by myob [GA]) Posted on: Oct 9, 2018 4:17 AM
What is Landlord Tenant law say for your state? about notices? here its 30 days from the time rent is normally due. --99.103.xxx.xxx
Gave 30 days instead 60 (by LindaJ [NY]) Posted on: Oct 9, 2018 5:05 AM
I tell them to leave the place spotless and they will get their deposit back, good luck in their new place. Fix and upgrade as needed, and get a new tenant. --108.44.xx.xx
Gave 30 days instead 60 (by S i d [MO]) Posted on: Oct 9, 2018 5:10 AM
State law governs. If state law is silent, then your lease should govern. If your lease is silent, accept their 30 days notice and fix your lease.
Every lease clause needs an enforcement built in, or at bare minimum the lease as a whole needs a default "what happens when TENANT fails to do X" clause. I use the "If...then" format.
END OF LEASE. Prior to the end of lease, TENANT must give notice no less than 60 days if they do not wish to renew the lease. Proper notice must be written, signed, and dated by all TENANTs and received according to the timing requirements of this clause. IF proper notice is not received, THEN the lease shall automatically renews for a period of 12 more months starting the end of the current lease period.
So if you had a clause like that, they'd be on the hook for 12 more months and if they failed to abide by those terms, then you'd take action as normal for someone moving out mid lease.
Your lease does say what happens if tenants move out mid-lease....yes?
Gave 30 days instead 60 (by LITX [TX]) Posted on: Oct 9, 2018 5:35 AM
Our lease automatically renew month to month. So they would be responsible for another month if it is still vacant. Just making sure I am doing the right thing.
Thank you for sharing. --47.32.xxx.xxx
Gave 30 days instead 60 (by Deanna [TX]) Posted on: Oct 9, 2018 7:57 AM
So, are you month-to-month right now? If so, will a 60-day notice stand up in court? Because the definition of month-to-month is that any changes may be made with 30 days' notice. More than 30 days is polite, especially for a major change like a rent raise, a termination, or whatever, but your attorney will know if it will stand up if challenged.
I wouldn't risk the rest of my SD accounting on it, though. --96.46.xxx.xx
Gave 30 days instead 60 (by LITX [TX]) Posted on: Oct 9, 2018 8:04 AM
Deanna, she was on the last month and gave us 30 days notice instead of 60 days of not renewing. So yes she is on a month to month now. I would think she would still have to cover that one month. Anyways we found another tenant, so we are just charging her the 12 days it was vacant plus and damages. --47.32.xxx.xxx
Gave 30 days instead 60 (by Jim [PA]) Posted on: Oct 9, 2018 9:05 AM
I too use 60 day notices. I go by the lease. If they missed the 60 day notice timeline I send them a letter to inform them of their options. The way you communicate them this matters.
1) accept notice and treat as an early termination-charging 1 months fee and still getting 60 day notice.
2) Or they stay another year.
3) Create a lease extension to end lease in spring assuming we are talking October, However we raise the cost of the monthly rent for this option.
Start sending newsletter to Tenants to remind them of this policy and other important items.
Gave 30 days instead 60 (by LiTx [TX]) Posted on: Oct 9, 2018 8:14 PM
Hi Jim on my lease it stated:
If Tenant fails to timely pay all amounts due under this lease or otherwise fails to comply with this lease, Tenant will be in default and:
Landlord may terminate Tenant's right to occupy the Property by providing Tenant with at least one day written
notice to vacate;
all unpaid rents which are payable during the remainder of this lease or any renewal period will be accelerated
without notice or demand;
Landlord may exercise Landlord's lien under Paragraph 23 and any other rights under this lease or the Property
Tenant will be liable for:
any lost rent;
Landlord's cost of reletting the Property including but not limited to leasing fees, advertising fees, utility
charges, and other fees reasonably necessary to relet the Property;
repairs to the Property for use beyond normal wear and tear;
all Landlord’s costs associated with eviction of Tenant, including but not limited to attorney’s fees, court
costs, costs of service, witness fees, and prejudgment interest;
all Landlord's costs associated with collection of amounts due under this lease, including but not limited to
collection fees, late charges, and returned check charges; and any other recovery to which Landlord may be entitled by law.
I was unsure if we are entitled to reletting fees even tho it was the last month and it automatically renew to month to month. Reading my lease again they defaulted their lease because they did not give us "60 days, so we have the right to deduct reletting fees even tho it was just that one month. Think I kinda of confused myself with the month to month deal.
Thank You! --47.32.xxx.xxx