More details to this question:
I own a condo and lease to a tenant. The tenant, on the advice of the realtor, is on a month to month lease. I just listed the condo for sale and informed the tenant of the intent to sell and that a 90 day term was written into the sale contract for them to vacate. They have not been told to vacate. The tenant has refused to pay Junes rent so they can move right now and need to pay new securuty deposits and moving expenses. I have not until today been given any notice of tenant intent to vacate. I have not given tenant notice to vacate only intent to sell. What can I do about getting June rent?
1 ANSWER
When you have a month-to-month tenancy, either party may terminate the lease at any time, provided that the terminating party has provided a full month's notice of intent to terminate the lease. In other words, if he told you on May 30th, the 30 day period begins to run on June 1st, and he is responsible for June's rent. If your tenant advised you on June 1st that he is terminating the lease, the 30 day period does not begin to run until July 1st, and he would be responsible for both June and July's rent.
Your recourse would be to file a civil action against him for monetary damages under a theory of breach of lease agreement.
Best of luck.
Answered on Jun 24th, 2013 at 4:08 PM