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Old 10-20-2007, 05:33 PM
 
1 posts, read 2,374 times
Reputation: 10

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I rent 2 rooms out in my house. I gave a 30 day notice to a month-to-month renter who moved out in 2 weeks. Am I obligated to return the balance of his prepaid month's rent since he gave me no notice of moving out early? There is no security deposit to return.
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Old 10-20-2007, 05:38 PM
 
28,115 posts, read 63,659,938 times
Reputation: 23268
My understanding is that you can't collect rent from two different parties for the same room for the same period of time.

Have your re-rented the room yet? Are you making an effort to re-rent?

As long as you are making a good faith effort to re-rent, and made no promises to return any unused rent at move-out... you are entitled to keep the two weeks.

Be sure to provide a closing statement confirming that no security deposit was collected and no damages are being claimed. I would also state that you will return any portion of the two weeks remaining prepaid rent should you be able to re-rent within those two weeks... just keeps things professional.
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Old 10-21-2007, 11:57 PM
 
Location: So Cal
320 posts, read 1,733,186 times
Reputation: 107
while legally you do not have to return it does seem like the "right" thing to do. They didn't stay there or use any utilities. I am also guessing you don't claim the income on your taxes would the small amount of money be worth what the IRS could do if they called them and reported you?
maybe split it with them would be a better compromise. you do not have to return it, your call
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Old 10-22-2007, 02:58 AM
 
Location: West Coast
3 posts, read 11,373 times
Reputation: 11
I rented out rooms also for a number of years. First of all, I had a rental agreement that I custom made for the purpose of "room" rentals. It included that they must give me a 30 day written notice when moving out. If not, they didn't get their deposit back.

Why on earth wouldn't you collect a security deposit? Believe me, you need to do this! I can't stress that enough! The deposit can't be more that the amount of monthly rent they are paying.

If you handed them the 30 notice to move, then they decided to move out early, you are not obligated to return the two week balance. That is up to you. Because of the rental agreement they signed when they moved in (to my house), they knew they would not be getting their money back.
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