Lease renewal question?

Question

I have tenant move out of a rental one month early and without a written notice to vacate. The lease contains an automatic renewal clause. (1 year renewal)
No forwarding address was given.
The tenant claims a written notice was given with the last rent payment. The tenant to have been confused on the end date of the lease.

What are my options?
Do I just keep the security deposit?
Should i sue for the full year's rent...plus the last month on the current lease?

I'd greatLY appreciate any and all responses/opinions

Thanks

Bob

Account Closed · Answer

If your tenants moved out 30 days before the end of the lease, any judge in the world is going to interpret that as your notice that they weren't going  to renew.

They certainly owe you for that last 30 days, and any damages.

Jim Gordon · Answer

If the tenants did not give written notice of move out they are still the occupants of the unit until the end of the lease. A Judge will not interpet that moving out is the same as giving a formal 30 day written notice.

Not legal advice just what I have seen in my area.

Richard F. · Answer

You have an obligation to "mitigate" damages...in other words, you need to make reasonable, good faith effort to re-rent the unit. Once you accomplish that, then, and only then, do you know what, if any damages pertaining to lost rent you have.

In the meantime, what are your local requirements for Security Deposit accounting? How many days do you have to address that issue? And, DID the tenant give you a note with the prior rent payment? Notice is notice, even if they got the date wrong, you still won't be able to hold them responsible for days after the correct notice period per local laws.