Tenant moved in and a month later is giving me 30 days notice to move out. I normally let people break a lease after a certain amount of time but not a month after they moved in and signed a year lease. There have been situations where people are transferred get sick, etc. my fault I said verbally 30 days notice you can break the lease never dreamed it would be one month after moving in and the excuses that she found out she has to do something else with school. I paid a realtor to rent it and now I need to pay Realtor again. Do I have the right to keep that out of her security even though it is not clearly mentioned in my lease.

Why would you tell them they can provide you with a 30 day notice and you would break the lease? What's the point of having a lease then?

No one who leaves in the middle of a lease expects to get their Security deposit back. If they did why would there even be a lease to sign, they may as well rent month to month.

You're looking at a month of vacancy loss AFTER you get the keys and they've vacated... and thats if you're lucky and get it cleaned up renovated and re-rented in 30 days.

If they rent month to month, they need to give 30 days notice.

Was it a monthly lease, or a yearly lease? If its a yearly lease, they need to stay for a year. That was what they signed. They can't give 30 days notice and pretend its a monthly lease.

If that's not clear in your lease, you better get out the typewriter and get it fixed ASAP.

I guess they can challenge that in court, but they'd have to prove you didn't hold up your end of the agreement and that forced them to go. Judges tend to be skeptical of this and its a lot of hassle and work for the tenant too. Especially if they're lying....

>>You're looking at a month of vacancy loss AFTER you get the keys and they've vacated... and thats if you're lucky and get it cleaned up renovated and re-rented in 30 days.>>

And thats with you working all month for free, and the apartment being left with no damages at all. Which pretty much never happens. Hopefully there wasn't any expensive damage, just the usual wasteland of garbage grease and (if pets) poo they leave in their wake. Shower rinse and repeat.

The realtor is on the hook for this.

This is why I do MTM only. Sure I can do a yearly lease and even try and tie them up with the ELT fee, but do I want someone to stay that doesn't want to be there?

I have had a few people stay for only one month. Once was a reconciliation with a spouse. Other times they probably just found something more suited to them.