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by Debka on December 14th, 2007

Debka

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My tenant has a month to month lease. She pays on the first of the month. She has just given her 30 day notice in the middle of the month. Do I have any legal recourse or can she get away with leaving mid month?

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Answers. 4 helpful answers below.

  • by Audiotron on December 15th, 2007

    Audiotron

    Either way she is going to at least pay you for the half a month that she is there. Moving is always stressful enough without having to pay extra money for something not to be used at that time. I know we have all been there, barely having a dime because we just moved.

    Legally you have them for that whole month. If you want to be nice, and feel they deserve your kindness, how about you let them slide on anytime they aren't in possession of the house? The half a month's rent that they would have to pay you for the time they aren't staying in the house could easily help them settle in their new house. Call it "Christmas Karma"! That is my suggestion!

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  • by sirwolf2u on December 15th, 2007

    sirwolf2u

    If she gived a 30 day notice on the 15th of the month, she is still liable for the full rent on the first....so she may as well call it a 45 day notice. In the lease she AGREED to pay the rent monthly on the first. Nowhere in the lease does it ever say that you can pay 15 days worth because your vacating mid month. That's the law in Illinois anyway.

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  • by Anonymous on December 15th, 2007

    Anonymous

    So long as she gives 30 days notice, she complied with the law and the lease (in most states).

    You can put in your lease agreement that a tenant must give 45 days notice, but this usually requires that you do the same to terminate the lease. You can also put in a clause that a notice to terminate does not become effective until the next payment due date. Of course, this does not help n your current situation.

    The purpose of the 30 day notice law is to give you advanced warning so that you can find a new tenant. Whether the notice is given on the first or the fifteenth, you still have the same advanced notice of thirty days.

    Some states require 60 days notice if the tenant has lived in the house for over a year. If this applies to your situation, you may have recourse.

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  • by Persky Bunkermeister on December 14th, 2007

    Persky Bunkermeister

    that sucks -- that happened to me over xmas a few years back -- I've always taken 30 days to mean 30 days from notice -- so a partial month rent might be due during that time. I've never had any trouble renting my place, except over xmas :(( -- so I don't have to worry about renting from the first of the month. But check your lease agreement -- it might say something about this.

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