Tenant prorated rent

[Hieu Ngo]

Location Minnesota

I had a year lease with my tenants that I did not renew. Payments were to made on the first of the month with a 5 day grace period. I chose let them stay on a month-to-month basis as a holdover tenant.

They provided notice on April 20 by phone that they were leaving by May 18. I told them to send me a formal letter which was postmarked May 24.

I just received a prorated rent check for 18 days based on 31 days instead of 30 days.

I believe I'm entitled to the full month's rent. I also fairly certain I'm going to have issues with the security deposit regarding changing paint on the walls.

My questions:
1. Am I correct in assuming that full month's rent is due even if they are leaving early?
2. Should I move to evict?
3. I think I'm going to Small Claims regardless, any advice?

[Marcia Maynard]

Minnesota statutes states:

"504B.135 TERMINATING TENANCY AT WILL.

(a) A tenancy at will may be terminated by either party by giving notice in writing. The time of the notice must be at least as long as the interval between the time rent is due or three months, whichever is less."

I read this to mean, on a month-to-month contract (as it is now), the tenant needs to give notice at least one month prior to the last rental period. The last rental period in this case being the month of May. I believe the tenant is liable for rent for the entire month of May. This is consistent with L-T law in many states. However, you can choose whether you want to hold her to it or not.

Washington state requires notice 20 days prior to the last rental period. Oregon state requires notice 30 days prior to the day the tenant wants to move, which can be mid-month. So it is all relative to the location of the property and the laws for that jurisdiction.

No need to evict. Try to avoid going to small claims court. Clear communication and negotiation is a better solution.

[no legal advice]