30 day notice advice

[ralthor]

Originally Posted by mortimer

There may be no legal recourse, but if the landlord says "hey mom!, you can move in right away
and she arrives at any time during that 30-day period, the landlord would certainly owe a refund.

The landlord would also have no real right to go in and make improvements, paint, etc until the 30 days are over - even if the tenant was out.
This wouldn't apply in the case of the two monts out of six months termination, of course.

That is all true. The fact that he is moved out doesn't change that he is responsible for the 30 days, it doesn't matter who gave the 30 notice it still applies to both parties.

If you reverse the logic you are using, then that means you think if a tenant gave 30 days notice and the landlord found a new tenant in 15 days, he could just kick out the current tenants and refund them half the rent since he didn't end up needing the whole 30 days?

[mortimer]

Originally Posted by ralthor

... tenant gave 30 days notice and the landlord found a new tenant in
15 days, he could just kick out the current tenants and refund
them half the rent since he didn't end up needing the whole 30 days?

I don't see how that could happen since the tenant in that case, is still
holding up his end of the contract which says that he intends to live
there for 30 more days ( and paid for it in advance ).

I suppose you could turn that around and say that the landlord is
making the place available to the tenant for 30 days - per the contract.

I've got my opinion, but the Landlord & Tenant Hotline has the law.

In any case, if the landlord goes into the apartment and starts fixing
it up ( if necessary ) or just moves the relative in early, I think that
there is no question that a refund is due.

If Alexander85 finds out from the Landlord & Tenant Hotline that he's
on the hook for all 30-days, then he should try to negotiate something
or withhold the keys till the last day - leaving it vacant ( and clean ).