Originally posted by Jon Holdman:
Again, what does your lease say? Mine does convert to month-to-month after the lease term is up. And, it required 30 days notice. However it also says you can only move out at the end of the month. So, with my lease, you could not move out on the 4th and only pay four days, even if you gave notice on the 4th of Sept. You would have to pay the full October rent.
If he had given notice on 9/4, I would have started advertising it right away. You really have to plan for some turnover time. Unless its spotless, its hard to get a new tenant in with zero work. So, if I had found someone who would move in on, say, 10/15, the old tenant would have only had to pay until until that date. If they didn't pay, it would come out of the security deposit. If the security deposit didn't cover the rent that wasn't paid, and any damages, it would go do small claims court (assuming the damage isn't too bad.) If I didn't get a check for a full months rent by the October due date, an eviction gets filed.
But, this all comes back to your lease. If it just says 30 days notice is sufficient, then they did the right thing, and you have no claim against the tenant. The PM should have taken care of getting a new tenant. You would still be out at least part of a month's rent. That's just part of this business, and you have to expect that. Further, if you PM is like many, they have a leaseup fee from a half to a full months rent. Just have to account for all these costs in your planning.
Hi Jon again thanks for you input and help, the lease does say that a 30 day notice must be given and it does convert to a month-to-month after the lease term is up which also requires a 30 day notice.. but my concern is the PM not the tenants the tenants aren't at fault (from what I believe) other than paying for the extra days for this month. I mean not notifying me about the tenants 30 day notice isn't right correct? Its hard for me to let it go because this is like a curve ball coming at me and it sounds like its my loss and should just except it? Im going to meet with the PM tomorrow any advice what to say? I had a conversion the other day asking them to push to find tenants ASAP... should I just find another property management company? Because currently im putting ads myself etc.. Thanks again everyone for your help!
