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Updated almost 6 years ago on . Most recent reply

User Stats

120
Posts
18
Votes
Dave S.
  • Investor / Wholesaler
  • Erie, PA
18
Votes |
120
Posts

Text acceptable as "written" notice?

Dave S.
  • Investor / Wholesaler
  • Erie, PA
Posted

So I have my opinion on the matter but would like everyone to weigh in... Tenant texts me the following: "I was waiting to be sure of a date before I said anything but my plan is by April to be out. I was going to pay feburary rent and then say to use my last month rent for March." ... I responded back and said to keep us posted with your plans...as I took this as its a plan but plans change... I am new to managing my own properties but I know that the lease states the notice needs to be writing and atleast 30 days in advance.

1) Is it my responsibility to tell the tenant that a written notice is needed and a verbal / text is not acceptable??? (She called it verbal and is saying she didnt know that wasnt acceptable).... side rant... what adult believes they can enter into a legal contract by signing papers and then exit that same contract by sending a text???

2) what would others do in this situation? If there had not been other discussions (that happened today) leading me to knowing she is definitely moving out I would not of known... Its 6 days past the 30 day notice for her to move out on the 1st...thoughts? Should we charge her the 6 days? on the other hand its just 6 days??? and she can cause alot more damage to the property than the cost of 6 days if she is bitter.

Thanks

Dave

Most Popular Reply

User Stats

991
Posts
781
Votes
Christine Kankowski
  • Real Estate Agent
  • Temecula, CA
781
Votes |
991
Posts
Christine Kankowski
  • Real Estate Agent
  • Temecula, CA
Replied

I would say this is not notice, since she is not giving a definite date.  CAll her asap and ask her to send an email with 30 day notice when she knows he move out date.  Let her know if she moves mid-month she can pay pro-rated amount for that month.  The security deposit cannot be used for last months rent and is clearly stated in the lease (Hopefully)

Make sure all adults in the lease sign the form to give notice. 

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