Tenant stayed past their 30 day notice.

[Sylvia H.]

If a tenant gives you a 30 day notice and is supposed to be out on the 30th but doesn't actually leave until the 4th, are they obligated to pay the month that they stayed in? This came up in small claims court and the magistrate said if you're there on the 1st you owe for the month. The magistrate didn't even want to hear any testimony.  Anyone else experience this?

[Nathan Gesner]

Quote from @Sylvia H.:

If a tenant gives you a 30 day notice and is supposed to be out on the 30th but doesn't actually leave until the 4th, are they obligated to pay the month that they stayed in? This came up in small claims court and the magistrate said if you're there on the 1st you owe for the month. The magistrate didn't even want to hear any testimony.  Anyone else experience this?

 I'm with Sam. Get a "holdover" clause in your lease that states the tenant will be charged a prorated amount for every day they hold the property. Mine is 3x the monthly rent, prorated daily. So a $1,500 rental would be $150 per day.