Move out notice

[Li Kia]

I have a question about a move out notice. My tenant wrote me an email on 5/12/24 saying they were moving out but move out date could be 6/8-6/12, they would let me know soon. On 5/17/24 they said their move out date is 6/12. They are on month to month with 30 days notice. They paid last month rent. They moved out 6/13/24.  I refunded them the remaining rent for 6/18-6/30. However they said it should be 6/14-6/30. Which one is correct? I thought the move out date starts when they told me the exact move out date. Am I wrong ?  They texted and called multi times daily asking for more money. 

[Kevin Sobilo]

@Li Kia, I don't know your state's laws but speaking generally and using common sense:

They gave you notice on 5/12 and moved out 6/13. That is 30 days notice. So, I do not see the issue.

They communicated again at a later time which is great but irrelevant to the question in my opinion because they didn't change the plan they just clarified it. If they had communicated again on 6/12 to remind you they were moving out on 6/13 would you believe you were entitled to rent through mid July?!?

[Nathan Gesner]

Quote from @Li Kia:

They must pay rent for their final 30 days. If they gave notice on 5/17, then they would pay 30 days of rent from that day forward.

Count the actual days. They notified on 5/17, so start counting on 5/18. That's 26 days until they left, so they owe you four more days beyond that.

It's been 2.5 months since they left. I would stop talking to them about it.

[Lynn McGeein]

This depends on your state and local laws. In my state, Virginia, full calendar-month notice is required with month-to-month, meaning full June rent is due June 1 unless notice was received by April 30, so there would be no rent credit due for any day in June with a May 12 notice. But I have rentals in North Carolina, and I think NC state law only requires 7-day notice on a month-to-month lease, where partial June rent credit would be due even if they didn't give notice until first week in June.  Make sure you check your state and local laws before making a final decision as you don't want to violate state and local landlord/tenant laws.  

[Greg M.]

They didn't give you an actual move out date (AKA end of lease date) the first time, they gave you a range. Might as well have said we'll be leaving sometime in June.

5/17 is their actual notice and it's 30 days from that.

You need to have in your lease that it's monthly terms. I have it clear, I rent by the full month and there is no refund for partial months. Full rent is earned day one of the month. 

[Tim Baldwin]

It depends on the state your property is in--thus, the state laws that apply.

I am going to address the situation under Florida law. 

The analysis depends on what date of the month they are required to pay rent. I assume the first day of the month, which means the "end of the monthly period" is the last day of the month. Under F.S. 83.57(3), the tenant is required to give the landlord at least 30 days' written notice prior to the end of June (since they were terminating the tenancy in June). In that scenario, the notice given to you during the middle of May served to terminate the tenancy at the end of June (not some random day in the middle of June). Thus, assuming they were required to pay rent on the first day of the month, the tenants were required to pay all of June rent. 

That said, your communications with the tenant may have rung a bell that can't be un-rung. In other words, they have an expectation of receiving money back, and you've given some money back. So now the argument has nothing to do with Florida law and is resting on whether the proration depends on actual vacate date or what the date of termination was in their notice. 

Of those two options you've presented, the landlord should choose the later of (1) the date they vacated or (2) the date they stated they would vacate in their notice. 

Best wishes. 

 

[Kevin Sobilo]

Quote from @Tim Baldwin:

It depends on the state your property is in--thus, the state laws that apply.

I am going to address the situation under Florida law. 

The analysis depends on what date of the month they are required to pay rent. I assume the first day of the month, which means the "end of the monthly period" is the last day of the month. Under F.S. 83.57(3), the tenant is required to give the landlord at least 30 days' written notice prior to the end of June (since they were terminating the tenancy in June). In that scenario, the notice given to you during the middle of May served to terminate the tenancy at the end of June (not some random day in the middle of June). Thus, assuming they were required to pay rent on the first day of the month, the tenants were required to pay all of June rent. 

That said, your communications with the tenant may have rung a bell that can't be un-rung. In other words, they have an expectation of receiving money back, and you've given some money back. So now the argument has nothing to do with Florida law and is resting on whether the proration depends on actual vacate date or what the date of termination was in their notice. 

Of those two options you've presented, the landlord should choose the later of (1) the date they vacated or (2) the date they stated they would vacate in their notice. 

Best wishes. 

 

There are so many things that can go into determining how to interpret a contract.

I believe there is a basic tenet in the law that says that if a contract term is vague that it will be interpreted to favor the party that did NOT write the contract. I'm not sure, but I would think that could also apply for when a contract is not consistent with the law.

For example, if the month to month rental agreement stated that "30 days"  or "30 calendar days" are required to terminate the contract each of those would either be vague or inconsistent with the law. So, I would think that the only fair thing would be to interpret that to favor the tenant who did not write that lease term. 

It would seem unfair for a landlord to be able to offer one thing in writing when the law would override the contract and give that landlord MORE than the lease THEY wrote provides for. 

I could be wrong and this could also vary from state to state. 

[Tim Baldwin]

@Kevin Sobilo, I don't know what his lease contract states. But yes, if a lease contradicts the statute, and the tenant relies on it to his detriment, the LL could be held to the lease provision.