Year lease expired, rolled into Month to Month - Landlord Forum thread 323014

Year lease expired, rolled into Month to Month by Jackie (Illinois) on August 18, 2014 @12:01

My tenants lease expired Jan 31, 2014. I sent her the proper documentation stating lease expiry. Due to construction, we decided to extend the lease a couple months, eventually it was month to month. She asked if she could stay longer, until construction was complete on street. She said she would commit to the month of July, I also lowered the rent due to inconvenience. She paid for the full month of June. June 18th she emails me and gives 30 days notice that her last day in condo would be 7/18. When moving in she paid first and last months rent. Now she wants a refund because she left early. Original lease terms state 1st of month to end of month and 45 days notice. She is expecting security plus a refund because she left early. I don't think I owe her a refund for this, due to the 15 days she was short and she committed to the entire month of July. Help!

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Re: Year lease expired, rolled into Month to Month by Garry (Iowa) on August 18, 2014 @13:47	[ Reply ]

Are your dates wrong ? Because today is August 18. She would have left a month ago. If your dates are correct, why are you asking us now, instead of a month ago ? If you collected the last months rent, then that is what you must use it for, and , no, she does not get even a partial refund if she chooses to leave early.

Re: Year lease expired, rolled into Month to Month

Re: Year lease expired, rolled into Month to Month by Anon E. Mouse on August 18, 2014 @14:37	[ Reply ]

The only question here is whether Illinois is a literal 30-day notice state or a calendar month notice state. That is, was her notice sufficient to end her lease as of July 18, or did it remain in place until the end of the next rental period, July 31? If it's a literal 30-day notice state, than she gave you adequate notice, and she overpaid you by half a month. You need to refund that, because she already paid you for the last month. If it's a calendar notice state, than her notice is effective for her to leave July 31, and she's already paid the rent for that period. No refund necessary.

Re: Year lease expired, rolled into Month to Month