Month to month tenant question

[Icemodeled]

Originally Posted by greyhorsewoman

Do not know about AZ, but generally this is not accurate. In most states, if you stay ONE DAY into the new rental period, you are liable for the entire month. Prorating is an option the landlord can exercise, but is NOT required to, unless specifically allowed for in the lease.

This was my understanding also. If they stay past due date, they owe for that entire month, UNLESS we are able to rent it back out in which case they would get the difference. So, say she moves out March 5 and pays no rent for March, I would keep the deposit for that month. If I rent it back out by March 20, she would get the difference from March 20 to March 29 back(or otherwise I would get double for that period). It's doubtful we will get it rented back out in March.

[sonnymarkjiz]

Originally Posted by Icemodeled

We normally never have month to month tenants so I am unsure about this situation. Our tenant has told me she is looking for another place in the past, iv known for awhile now. Today she texts me saying she will be moving sometime in the 1st week of next month(March). Asking me if she will get her deposit back. I told her to get her deposit back, she needs to give 30 day notice, no damage to unit and not owe any back rent/fees/ect. She is up to date on rent and pays every 3rd of the month. I have no idea about damages yet, would find out in walk through.

My question is, since she is just now actually telling me when she is moving out, and it's less then 30 days notice, plus she makes it sound like she intends to stay a little past the 3rd of March, can I legally keep the deposit?

This is probably a basic question, but being the first time, I want to make sure I handle it right. Thanks!

She should give you proper 30 day notice. Forget that wishy washy "first week of the month" stuff. She needs to actually settle down and give you an accurate date that is 30 days out, clean up her stuff, and return the keys.

If my tenant gives me proper 30 day notice, I comply, even if they give notice on Feb 5th and leave on March 5th, that's good with me. I recently had a tenant move out who gave me less than 30 days notice, and then ended up staying an extra day AND didn't even bother cleaning behind herself. Usually, at least when an effort is made, I have no problem giving her deposit back in full. But I definitely did not, in this case. Have to play by the rules.