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Ours told us on the 2nd that she was moving on the 4th. She moved out. We readied the place to rent again and luckily we were able to get someone in on the 15th. Did she forfeit the rest of the month?
This is probably governed by the lease. For instance, there may be some kind of presumed damages clause which says who pays what when the lease is terminated early. I know I've seen that in the pre-printed leases I've signed.
But if there is nothing in the lease, you should do what is fair (and probably what is fair is what the law is for tenancies). If she was month to month and she left without giving thirty days notice, she owes you what you lost for the 15 days during which the place was not rented, and maybe the reasonable expenses you incurred to relist it (although you probably would have incurred those anyway had she given 30 days notice). Just factor how much rent you were paid for this month and subtract that from what she would have paid you. That is what she owes you, but not the full month. That seems fair to me.
Thanks Domsey...I'm getting your gist, but let me just clarify so I make sure folks know the framework. Would really appreciate your feedback on this and for people to weigh in. We don't want to rip this girl off, but feel like we were put in a tough bind having to find someone to fill the room, and it could have gone quite badly.
Background: When she moved in she paid 800. 1st, 800. last and instead of the usual 500 deposit, we figured it would be easier for her to afford 250.
Without any lead up warning she told us on Sept. 2nd that she was moving out Sept. 4th. She had just paid for the month of Sept.
Now on Sept. 17 she's asking if she can get what's left of the month, or some portion of it back, since she moved so early in the month.
I'm feeling like that was her choice to move early and not our fault. Although she is paid up for Sept., I feel she has forfeited the rest of the month. She certainly had the option of staying out the month, or she could have planned her move better, or let us know at least that she was thinking of moving soon. We could have gotten the word out. We got someone in, luckily, this week, but he couldn't afford the whole first, last and deposit. This odd situation actually allowed us to pass on the benefit to the new renter by having him pay the "last" over time.
1st, last and deposit, in other words is the equivalent of a minimum rental amount- like renting a villa for a month. Leave early and that's your problem-you wouldn't expect money back, right?
When I moved out of my apartment (very similar to the time frames you refer to in your specific situation), my landlord was very kind and prorated the month based on the 5 days I stayed in the apartment. The lease did specifically say that it is at the landlord's discretion whether they will prorate the rent.
You had the right to keep the last month if a 30 day notice wasn't given and the apt stood empty. But, since you got it rented, you owe the tenant from the 15th to the end of the month. You can keep any or all of the deposit to cover any expenses in getting the apt ready for a new tenant. The laws about keeping rent money are specific.
Your financial arrangements with the new tenant have nothing to do with the previous one.
Disclaimer: I am not an attorney nor did I sleep in a hotel last night.
I think the right thing to do is rebate the part she paid when a new tenant is in. (1/2 the month) You say things could have gone bad, I imagine so but they didn't . Count yourself lucky, send your previous tenant on her merry way with 1/2 of September refunded + security - any damages.
I think the right thing to do is rebate the part she paid when a new tenant is in. (1/2 the month) You say things could have gone bad, I imagine so but they didn't . Count yourself lucky, send your previous tenant on her merry way with 1/2 of September refunded + security - any damages.
I wouldnt give her a good refernce tho .. that no notice thing just burns my butt cause I have to deal with the owners of the buildings .. so They dont return SD on a no notice move & depending on the reasons they sometimes pro rate the rent but usually not
Legally your not required to return the months rent, even on a month to month verbal
agreement, 30 day notice is proper. Legally the 30 days doesn't begin until the 1st of
the following month, but if its your property you can bend the rules.
EDIT*
Collecting rent twice for the same month for two different tenants is also illegal.
So, prorating would be appropriate, if thats the case.
Ours told us on the 2nd that she was moving on the 4th. She moved out. We readied the place to rent again and luckily we were able to get someone in on the 15th. Did she forfeit the rest of the month?
In most states(maybe all) collecting double rent is illegal.
I think the right thing to do is rebate the part she paid when a new tenant is in. (1/2 the month) You say things could have gone bad, I imagine so but they didn't . Count yourself lucky, send your previous tenant on her merry way with 1/2 of September refunded + security - any damages.
That’s a great idea lets reward the person for being irresponsible give her the whole month’s rent its only 4 days. Let’s be honest she could use the money and she was nice enough to not trash the place.
Are you people for reel if I read the op right she broke the lease she should gets nothing
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