proper 30 day notice? - Landlord Forum thread 224893

proper 30 day notice? by Hubert on June 1, 2011 @23:28

i rent out a 4 bed house and it has a guest house i rent along with it as a complete 6 bed 3 bath inc. the guest thats attached to the 4 bed house with separate entrance for the guest house . my question is the tenants have a 30 day clause on a month to month rental agreement but the tenant decided to leave and gave me in writting a 30 day notice but rent is from 1st of month to end of month and the tenants gave me notice on the middle of month but they without further notice up and left at end of month before the 30 days were up and they avoided paying rent on the 1st of that up coming month, hence left me on basically on the 15th day after the notice, is this considered a breach of contract? because he expects me to return his deposit minus the 1/2 month he left early. Or am I able to deduct the repairs and 15 days he left early. Or since he breached the contract does that mean he looses his right to the deposit return policy? Thanks

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Re: proper 30 day notice? by OK-LL on June 2, 2011 @00:16	[ Reply ]

He gave you a 30-day notice and left on the 15th day, owing you the remaining 15 days of rent. You deduct the rent owed from the SD, along with any damages. The other pertinent question is, are you in a literal or term state? In a literal state, the notice period begins on the day of the notice; so notice on May 15 would be effective immediately and the tenant's last day in the property would be June 13; tenant would owe rent through June 13. In a term state, the notice period begins at the beginning of the next term, so notice on May 15 would not be effective until June 1 and the tenant's last day in the property would be June 30; tenant would owe rent through June 30.

Re: proper 30 day notice?

Re: proper 30 day notice? by Anonymous on June 2, 2011 @18:22	[ Reply ]

Did you inform them when they gave their notice that the 30 days begins on the first of the month and not the middle of the month? If you didn't then I would think that you can't hold them to that. In WA state notice can only be given by tenant and landlord on the first of the month but I would always tell my tenant at the time they gave notice of this. Personally I like it when a tenant gives notice to leave in the middle of the month as it gives me time to paint and do repairs prior to the next month starting.

Re: proper 30 day notice?