30 Day Notice/Moving Out

[Jordan Gerkin]

I have a tenant that gave me 4 days prior to completely moving out on a month to month lease. I informed them that there needs to be a 30 day notice prior to moving out. So basically in this case, I had them pay for another month to cover the 30 day notice policy that is in the lease. (This was 4 days before the end of June, so by July 1st, everything was out). So now being towards the middle of July, the tenant hasn’t given the keys back and they see the apt as still theirs, since they’ve paid for July. Which I understand. I guess where I’m a little confused is, since the tenant is completely out, but has paid till the end of the month, am I supposed to wait till the end of the month to rent it out to someone else? I see both sides of this, but after thinking about it, I feel I’m not 100% sure what I can/cannot do.

[Adam Martin]

Clever move on their end but if they are being required to pay for it than they should still have the right to it, are they also still paying utilities.  I would tell them that they have rights to it until the end of the month however if they accommodate showings you will try to rent it before if that is ok with them.  If you do re-rent let them know you will prorate their money back and I bet they will work with you.  This would be a win-win for everyone.