can a tenant pro-rate rent? : ezLandlordForms

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Melissa S

started a topic over 17 years ago

I am a new landlord. My tenants of six months have been on a month to month lease. I received notice today (8/23, letter date 8/22) that they are moving on 9/22. They say they are planning to pro-rate next months rent since they are moving out before the end of the month. Can they legally do this? (They bought a house). Thanks

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Denise S

said over 17 years ago

What does your Lease say? It is so important to have a good, solid Lease that spells these type of things out. If you do not have a written Lease, most often - notice must run according to how rent is paid. For instance if rent is paid in advance on the first of every month, then notice to vacate must run accordingly. If the Lease runs month - month and it ends on the last day of the month, the tenant will have to pay till the end of the month. Check with your states statutes or consult an attorney. The state assist feature and the Lease builder on this web-site are great features in assisting you to create a great Lease for your future tenants. Good luck.

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Melissa S

said over 17 years ago

Thanks for your response. I do have a written lease, and the following corresponds to the rent: The Tenant agrees to pay rent for said premises in the sum of six hundred twenty-five dollars ($625.00) per month, payable monthly in advance to . . . and The parties agree the rent for the property shall be due on the ___1st___ day of each month under the terms of this Agreement. Should payment not be received by LandLord by the ___5th___ day of the month, Tenant agrees to pay Land Lord as a late charge and penalty the sum of Twenty-five Dollars (25.00) per week thereafter until payment has been received. I thought I had everything pretty well covered, but did not address if they move out earlier than the end of the month. It seems to me it is their choice to move out early, they can stay until the 30th if they wish, so should I be forced to accept a pro-rated amount?

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Kevin K

said over 17 years ago

If you are on good terms with the tenant, I would advertise the property for rent now. This way when you get calls to show the property, you can show the property with the tenant still in there. If things go smooth you can have a new tenant move in right after the last one moves out. I would plan a couple days or so in between, but you can pretty much go without losing any rent at all.

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Kathleen M

said over 17 years ago

I agree that if you are on good terms, go ahead and advertise it. Otherwise, if things head south with he current tenant, it may be more difficult to gain decent entry and see a "clean" unit.

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James P

said over 17 years ago

I think that is good advice. It really does get to be important that there at least be an effort to get the tenant out with minimum problems, or they may damage the property. I know this is not always possible.