Re: breach of contract by one party. - Landlord Forum thread 326442

Re: breach of contract by one party. by Monica (Ohio) on October 29, 2014 @01:31

"If a pay or quit notice is posted on the first and the tenant leaves on the third, as is his intention, the tenant has effectively quit the lease. There can be no eviction beyond that point. There also can be no action to recover the remaining two months of rent."

This is correct except the landlord is entitled for rent for the month of November because they will owe rent for the month they have possession but the landlord will not be owed Decembers rent if you serve a notice to quit for the reason explained above.

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Re: breach of contract by one party. by Anonymous on October 29, 2014 @10:21	[ Reply ]

If you give the tenant the option to quit the lease then you can no longer enforce the lease terms.

Re: breach of contract by one party. by Monica on October 29, 2014 @14:41	[ Reply ]

Correct except for the current month that they are in possession of the rental. Landlords gets judgments for that all the time. I have never been denied the rent for the month the tenant defaulted in that caused them to receive the 3 day notice.