What notice is required by tenant to vacate? 9 Answers as of December 11, 2013

Tenant did not pay rent for October, 2013, received certified letter on November 5 that they were vacating on the 15th of same month and for me to use $800 deposit for October. They were sending check for $115. To cover rest of October with late charge and would pay $552. for November. There was no enclosed check and now they tell me they owe nothing because they only have to give 7 day notice but I can cash the check for $114. Which I never even received and have told them so. What am I owed in this situation. There was a written lease that expired on March, 2013 which stated 30 day notice if lease went to month to month which it did after March.

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Harper Law Offices, Inc. P.S.
Harper Law Offices, Inc. P.S. | Joseph T. G. Harper
Tenants must either vacate at the end of a least term, or a 20-day notice must be provided by law. It must be 20-days in advance of the end of a regular rental period, typically at the beginning of the month or around the 9th/10th of the month. In this case, it sounds like your tenant already moved out, so there is no notice needed now. It looks like they still owe for the full last month of rent, and any amounts still unpaid. The deposit must be accounted for and applied according to the terms of the lease and condition report. You may want to contact an attorney to discuss your options in trying to recover what you appear to be owed.
Answer Applies to: Washington
Replied: 12/11/2013
Ronald Main & Associates | Tracian M. Laignel
I would advise taking them to small claims court for the amount that is due and owing. If the lease was signed by the tenants and the wording stated it would go to a month to month tenancy with a 30 day notice from the tenant(s) after March of 2013, then you are owed 30 days notice, in my opinion. I do not believe 10 days notice is adequate. You are obviously entitled to the full amount of rent for October 2013 as well as 15 days in November. In my opinion you would be owed rent for the full month of November 2013 as well and then prorated for the first 5 days of December. December 5, 2013 is thirty days from the date you received the certified letter giving notice from the tenant.
Answer Applies to: Oklahoma
Replied: 12/11/2013
Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
30 days written notice is required. They can not pro rate a partial month. They can not use their security for the last months rent.
Answer Applies to: New York
Replied: 12/11/2013
S. Joseph Schramm | Joseph Schramm
According to the terms of the lease you are owed a 30 day notice. You would be entitled to receive rent for those 30 days plus any back rent owed to you.
Answer Applies to: Pennsylvania
Replied: 12/11/2013
Durham Jones & Pinegar | Erven Nelson
On a month to month lease, both the tenant and the landlord would be required to give one month's notice to terminate the lease. The absolute earliest they could vacate without paying any more rent would be December 5. I would argue that since December 5 fell in the idle of the month, the tenant was also responsible for all of December's rent. You have a duty to mitigate (lessen) your damages as much as possible by finding a new tenant, so make sure that you can document your efforts to do so.
Answer Applies to: Nevada
Replied: 12/11/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Need the details, but generally there is a 30 day notice period either way and rents are due and payable, in full on the first day of each month.
    Answer Applies to: Michigan
    Replied: 12/11/2013
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    Under Michigan law I believe on a month to month tenancy 30 day notice is required from both Landlord and Tenant. So you clearly can charge them for all of October and the Full month of November plus any damages. Google the Michigan Landlord Tenant Handbook, download it and read it.
    Answer Applies to: Michigan
    Replied: 12/11/2013
    Law Office of James A. Anton | James Anton
    Normally a 30 day notice is required if the lease states 30 days, even if the tenant went beyond the lease term.
    Answer Applies to: California
    Replied: 12/11/2013
    Robert R. Goldstein, Attorney at Law
    Robert R. Goldstein, Attorney at Law | Robert R. Goldstein
    If the lease is now month to month, then tenant needs to give at least one full month's notice. Otherwise, they are liable for the next month's rent.
    Answer Applies to: Ohio
    Replied: 12/11/2013
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