tenant moving out mid month but does want to pay full month rent

Investor · lehigh valley, PA · Member since 2014 · 242 posts · 23 votes

I have a tenant who just gave 60 day notice on nov. 22 and they are on a month to month lease with 60 notice required. They have been there for 3 years. They send me a letter saying they are giving 60 days notice on nov. 22 and will be moving out by jan. 22 but will only be paying part of January rent since they will not be there the whole month.

Its a month to month lease so I would imagine they would need to pay the whole month of January rent.

How would you handle this? Should I just wait till they are gone and then take the unpaid amount from the security deposit if it sits vacant those days?

Thanks

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Nathan GesnerBusiness Member

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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes

I disagree with the others. They gave 60 days notice and are only responsible for the terms of the agreement, including rent, through those 60 days. There are a couple states with laws requiring payment through the end of the calendar month, but most do not. Check your laws, check your lease, and go from there.

Another note: they've been there for three years and you're going to nit-pick over a week of rent? Don't be that guy.

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Karl B.
Rental Property Investor · Erie, PA · Member since 2015 · 1k+ posts · 2k+ votes
4y
Tell them they need to pay the entire month. In the event they stiff you I would 100% take the difference in rent from the security deposit as a tenant can't prorate the final month of rent unless you agree to do so.
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Marci Stein
Rental Property Investor · New York, NY · Member since 2011 · 956 posts · 510 votes
4y
I’m sure your lease says rent is due on the a specific date for the next 30 days for the month .
It’s not based on how many days they are there during the month.
renting month-to-month means they are paying for the month ,
not only for when they are there - that is irrrelevant.
similarly , I rent my office , but I have to still pay rent when I go away on vacation I can’t deduct the rent because I’m not there
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Julie Hartman
Property Manager · Denver, CO · Member since 2021 · 667 posts · 587 votes
4y
@Jimmy S. Hopefully it is addressed in your lease agreement that the rent is due in full and prorations are not permitted unless agreed to by the landlord. You could tell them that you may consider prorating if you can find a replacement tenant who wants to take possession mid-month but no guarantees. They also need to cover the utilities (if they already pay them) for the entire month. If they don't pay the entire amount, then I would deduct from the deposit.
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Long Dang
Boston, MA · Member since 2021 · 31 posts · 37 votes
4y
The only thing I'd add on is to make sure you're properly handling security deposits when you're giving them back to the tenant. Even if it's month to month, tenants are getting wiser and more vocal about documentation and getting their money (security deposit) back.
In PA - there are very specific steps to ensure that your tenants get their deposit back (within 30 days) otherwise the tenant can sue you for the amount of security deposits. You can read more at this link here: (https://clsphila.org/housing/s...)
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Rob WittPro Member
Indianola, IA · Member since 2016 · 126 posts · 36 votes
4y
@Jimmy S.
It's only week difference. On month-to-month lease and because they put in their 60 day notice, I would say start advertising vacancy soon and be prepared to get it rent ready before February.
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Nathan GesnerBusiness Member
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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
4y
I disagree with the others. They gave 60 days notice and are only responsible for the terms of the agreement, including rent, through those 60 days. There are a couple states with laws requiring payment through the end of the calendar month, but most do not. Check your laws, check your lease, and go from there.
Another note: they've been there for three years and you're going to nit-pick over a week of rent? Don't be that guy.
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Gregory H.
Real Estate Agent · Philadelphia, PA · Member since 2013 · 451 posts · 369 votes
4y
It depends on your lease. If you are using the standard realtor lease for PA, their lease auto-rolls for full month terms, and the 60 days notice needs to be before the first. Don't get into an argument with them or they wont even pay the last month, just let them move out & deduct the final week from the security deposit. Most tenants don't read their lease at all, then they get all angry when you enforce the terms.
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