Tenant gave 30 day notice....help.

[Daniel Luedtke]

So, a tenant in my triplex just gave their 30 day notice this morning. They have been on a month to month lease the last couple months, and I just gave them a new lease to sign last week. She informed they will not be signing the new lease, and gave notice. She said she just got a call and accepted to a new apt and will be moving Oct 6. Do I still have a right to collect the full 30 days of rent thru their 30 days from notice? Obviously I could pro-rate the rent if I found a new tenant sooner. Can I collect Oct. rent (prorated) thru their 30 days still? Thoughts and advice much appreciated!

[Andrew B.]

if month to month, then you should collect full month for October. you do not collect 30 days rent, because notice needs to be given for one full monthly cycle. if they leave early, and you are able to re-rent unit, then legally you must refund the old tenant as you cannot legally collect rent twice on one unit.