Wasn't given 30 days notice?

Question

Property in CA. I was not given proper 30 days notice that the tenant wanted to move.

Can I hold pro-prated rent even if they aren't living there anymore from the deposit? Or do I tell them that they need to give 30 days notice and are responsible for rent until the end of the 30 days, if not it will be deducted from thier deposit

Answer 1

Yes, you can do as you suggest. Any tenant who does not give the appropriate thirty day notice, as prescribed in California statues, may be held responsible for those rents until satisfactory notice of vacating is provided.

Answer 2

They owe you rent through the end of the required notice period, or until you place a new tenant, whichever comes first.

You may withhold the amount necessary to cover the rent through the end of the notice period from their deposit. If there isn't enough deposit to cover the rent due and any damages, you may sue for the balance if they don't pay.

Answer 3

This would all depend on the rental agreement.

What was the wording in the contract they signed? Did it specify that 30 day notices were REQUIRED, and there would be a monetary forfeit if the terms were not met?

I would suggest you carefully read the agreement, make sure they agreed to the notice, and make sure there was something in the agreement that made it CLEAR that they would be responsible for the additional time. If there was nothing in the contract, then you may not have a legal leg to stand on. If all else fails, contact an attorney that specializes in rental agreements and see what options you have, or don't have.

Answer 4

In PA it is required that they give 3 days notice and rent is paid through that time. If they do not pay you can subtract it from the security deposit. Don't forget to do your walk through and inspect for damages.