On a month to month lease with rentals, does give 30 day notice still apply ?

Question

We have apt rentals,in which we have 6 month leases. If after the 6 months are up, and our rules are, that the tenant has to give a 30 day notice of vacating, or they forfeit their deposit. Now the tenant is on a month to month, he would still have to give the 30 day notice in order to get his deposit back, right ? Just as we would have to give him 30 day notice to vacate. Please give me answers on this. My tenant thinks he can move out on the 6th, he just told me about moving, and he thinks he should get his full deposit back.

Also here is a renewal of lease on the very lease we give all our tenants. #5 reads, The tenant promises to notify the landlord no later than the 30 daysprior to the tenant's intent to vacate the premises. Failure to timely notify landlord as herein provided, shall be deemed a breach of agreement by the tenant. I feel him leaving on the 6th and wanting his deposit back, leaves us possibly losing a full months rent. Because of lack of being able to get another tenant , due to not enough prior time.

Answer 1

he has to give a 30 day notice, and pay the last months rent. But he dont have to stay the 30 days, just be out....on or before the 30 days is up.......You have it pretty much right....

Answer 2

yes 30 days notice does apply.usually the tenant wont pay the last month and by the time you get the eviction process up to speed they are gone,hopefully they don't do any damage.you have to pay them interest for their deposit.and if you go to court with them you got to prove you put that deposit in an account for them and no one else.if you do last months rent instead of a security deposit then you do not have to do an escrow account and interest.just because they leave early and don't give you 30 days notice doesn't mean it will be easy to get one more month out of them.courts usually rule on the tenants side.once they are gone its better to just let them go.

Answer 3

Thirty day notices are required of tenants in any rental situation, unless the lease dictates a longer time period of notice. Your tenant should be paying rent for the full month of August in order to get any deposit returned.

Answer 4

That is when the 30 day notice applies - otherwise you're stuck with the term of the lease. The security deposit is for actual damages, You would have to sue him for prorated rent.

Answer 5

precisely while is your hire by using run out? If it expired on November 30, 2009 and once you're nevertheless living in the premises you would be considered "preserving-over" subsequently changing to a month-to -month tenancy. with the help of being a month-to month tenant now you're required to grant a 30 Day be conscious. while you're preserving-over for some days grant to pay the hire for those few days which you would be in the premises. additionally ask for a very final walk-with the aid of inspection. in case you progression out formerly or on the day your hire expires you're no longer required to grant be conscious which you're vacating the premises because of the fact the hire itself is be conscious to all events. it particularly is genuine in maximum, if no longer in all states.