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Updated over 5 years ago on . Most recent reply

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Chris Hertig
  • Littleton, CO
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What determines when the tenant relinquishes tenancy?

Chris Hertig
  • Littleton, CO
Posted

Hello all!  We had a tenant who gave us notice she was leaving (September 30th).  She paid through the end of the month, and was moving out of state.  In her written notice, she stated she would be out "...no later than the 19th..." On the 25th, I went to check on the status - the door was wide open (literally!), the place was completely empty, and the keys were left on the kitchen counter.   Wouldn't this all equate to her relinquishing her tenancy, even though it is a couple days before the end of the month?  She claims the place was still hers until the end of the month, even though nothing was there and she was no longer in the state?

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Patricia Steiner
  • Real Estate Broker
  • Hyde Park Tampa, FL
3,858
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Patricia Steiner
  • Real Estate Broker
  • Hyde Park Tampa, FL
Replied

She paid for the month and has told you that she has not vacated.  While it may be empty, maybe she plans on climbing through a window and bringing in an air mattress for a night or two before the lease term is up.  She could...but it's now October 14th, so she's gone, the lease is up and good riddance to her.  I'm not sure what issue surfaced but as soon as she gave notice, I would have started marketing the unit for lease with an October 1 move-in date.  

Window climber, air mattress tenant...doubt it.  She was gone but wanted to tie it up until month-end.  Hope she enjoyed her non-stay there.

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