QUESTION
Does my tenant have to give me notice to vacate if we are month to month and no lease?
Asked on Jan 27th, 2013 on Landlord and Tenant Law - Utah
More details to this question:
I have no lease and rent is month to month. My tenant just told me that she is moving in 10 days when the next month's rent is due. Will she be responsible for any money because of short notice?
9 ANSWERS
Carolyn Roschelle Jones
Pursuant to Florida Statute Chapter 83 . The length of notice given to the landlord and tenant is the equivalent to the length of the lease term. For example if the lease term is seven days you have to give seven days notice. So yes your tenant should have given you thirty days notice. You can hold them liable for next month's rent but you have to figure out if it'd worth pursuing.
Answered on Feb 01st, 2013 at 4:18 PM
Yes. Generally, the law is that if you have a month to month lease either party must give one month's notice. Try to find a new tenant, and keep track of your efforts so you could prove to a Judge that you gave your best efforts to do so. You would be able to sue the current tenant for one month's rent or the difference from a lower rental if you found a new tenant for less money.
Answered on Jan 29th, 2013 at 9:48 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Same notice as a landlord would have to give. On a month to month it would be 60 days but would you start counting on the 1st of the month after notice is given. So if they gave you notice today, the 60 days would start running on February 1.
Answered on Jan 28th, 2013 at 5:17 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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She should be liable for one-months rent, unless you find a new tenant in the meantime.
Answered on Jan 28th, 2013 at 5:17 PM
Business Attorney serving Tustin, CA
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Heinly Benson Killian and Kramer
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On a thirty day month to month tenancy, both parties must give 30 days notice to end the tenancy. The notice does not have to be given on the first day of the month, but runs from the date given. Your tenant gave inadequate notice and would be responsible for 30 days rent, not 10 days.
Answered on Jan 28th, 2013 at 5:17 PM
Yes, a tenant must also give a 30 or 60 day notice, depending upon how long the tenancy has been going. The tenant is then responsible for the last month's rent unless you are able to immediately rent the property.
Answered on Jan 28th, 2013 at 5:17 PM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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In Missouri, if you are on a month to month lease, your landlord needs to give you 30 days notice. Your tenant has given you insufficient notice to get out of the next month's rent.
Answered on Jan 28th, 2013 at 5:16 PM
Lisa Hurtado McDonnell
Since you don't have a lease, it will be difficult to prove that the tenant have to give a 30 day notice. You can tell the tenant they are responsible paying next month rent if you don't get re-rented with the next month. If you have a deposit you can hold that and use it to reduce your mitigate (reduce your rent loss). You can take the tenant to small claims court but the burden of proof is one you to show the tenant owes you a 30 day notice based on month to month rental history .
Answered on Jan 28th, 2013 at 5:15 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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In NC, if there is no lease, either party to a month to month lease can give 1 week notice to vacate. If you want your tenants to give you move notice before leaving, you should come up with a written lease and require 30 days notice. This is important because while oral leases are allowed, you basically can only evict if you have given notice and told them to leave and they stay or for non payment of rent. You can't evict for "breaches" of the lease as there is no way to prove what conditions you put on the home. For instance, if you don't want them to have a dog, you will have a hard time banning the dog without a written lease.
Answered on Jan 28th, 2013 at 5:15 PM