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Old 12-28-2010, 06:44 PM
 
1 posts, read 2,390 times
Reputation: 10

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Hello all,

I am a landlord in Oklahoma, and here is my situation: I have a tenant who got upset that I refused to watch her belongings while a technician was there to fix the AC unit. I told her that if she would like someone there for the simple purpose of watching her stuff, she needed to have someone there. She got mad and said that she will be moving out the same day that the technician was there to fix the AC (9 day notice) and will not be paying January's rent. She provided me with a 30 day notice on Dec. 22, 2010.

Anyway, she signed a 10 month lease and it is up on January 1, 2010. However, the lease states that the lease will automatically go month-to-month. The lease also states that she is required to give a 30 day notice. From my understanding, she still owes me January's rent since she did not provide me with a written 30 day notice on Dec. 1 (when her rent is due) to end the leasing agreement on Dec. 31, 2010, therefore, her lease automatically went month to month (through the end of January).

Also, the lease states that there is a $1250 (one month) early termination fee. Since she is still bound to the contract through January, from my understanding, can I sue her for the early termination fee (along with the days that the house is unoccupied in January).

Any help is greatly appreciated.
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Old 01-01-2011, 11:45 AM
 
23 posts, read 30,508 times
Reputation: 22
Quote:
Originally Posted by erika2249 View Post
Hello all,

I am a landlord in Oklahoma, and here is my situation: I have a tenant who got upset that I refused to watch her belongings while a technician was there to fix the AC unit. I told her that if she would like someone there for the simple purpose of watching her stuff, she needed to have someone there. She got mad and said that she will be moving out the same day that the technician was there to fix the AC (9 day notice) and will not be paying January's rent. She provided me with a 30 day notice on Dec. 22, 2010.

Anyway, she signed a 10 month lease and it is up on January 1, 2010. However, the lease states that the lease will automatically go month-to-month. The lease also states that she is required to give a 30 day notice. From my understanding, she still owes me January's rent since she did not provide me with a written 30 day notice on Dec. 1 (when her rent is due) to end the leasing agreement on Dec. 31, 2010, therefore, her lease automatically went month to month (through the end of January).

Also, the lease states that there is a $1250 (one month) early termination fee. Since she is still bound to the contract through January, from my understanding, can I sue her for the early termination fee (along with the days that the house is unoccupied in January).

Any help is greatly appreciated.
Yes, you can sue her for the month's rent as long as you can document before the Justice of the Peace (I prefer going that route instead of City court) that this is the case. Arizona state law requires a 30 day notice. Plus, that notice has to be given BEFORE 30 days to the end of the month. So, if a person were to give you a 30 day notice on the 5th of a month, it carries over to the next month. THat person would have to pay both the current and the next month.
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Old 01-01-2011, 12:21 PM
 
Location: Pawnee Nation
7,232 posts, read 10,012,860 times
Reputation: 6524
Yes, you can probably sue and prevail.

Do you really think she has the funds available to pay when you do?
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Old 01-01-2011, 09:29 PM
 
340 posts, read 890,973 times
Reputation: 191
Unless the contract is horribly written, the ETF only applies during the 10-month period. She has already paid December meaning she has paid the full length of her 10-month contract. Walking out 9 days early doesn't matter since she is paid until the end of the month anyway.

Month-to-month technically means that if they pay in January they stay in January. At most I'm sure you can keep the deposit.
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Old 01-03-2011, 10:20 AM
 
Location: Franklin Lakes, NJ
174 posts, read 252,809 times
Reputation: 193
A judgement is one thing. Collecting on it is another. Unless you're a taxing authority it's a bit expensive enforcing a judgement. How much in legal fees will you pay to enforce salary garnishment or forfeiture of property? Someone with a little savvy can keep you at bay a long, long time.
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Old 01-03-2011, 10:29 AM
 
Location: Hialeah
809 posts, read 1,354,001 times
Reputation: 336
You need to be flexible with your tenant. Let here move out. It's not that hard to find a new tenant.
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Old 09-15-2011, 06:22 PM
 
1 posts, read 1,835 times
Reputation: 10
I have a month to month rental agreement with a tenant who told me he was moving out august 28th that he was going to be moving out september 1st and turned in the keys. Now he is harassing me to get his deposit back, but i don't feel he should get it back because he didnt give me a 30 day notice. What do i do in this situation?
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Old 09-15-2011, 07:15 PM
 
Location: Jenks, Oklahoma
590 posts, read 872,031 times
Reputation: 457
Quote:
Originally Posted by bertajchavez View Post
I have a month to month rental agreement with a tenant who told me he was moving out august 28th that he was going to be moving out september 1st and turned in the keys. Now he is harassing me to get his deposit back, but i don't feel he should get it back because he didnt give me a 30 day notice. What do i do in this situation?
Say that again
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