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Telescopist

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Posts: 6
Reply with quote  #1 
I've been renting properties for 18 years. Yet this issue comes up from time to time and I'm never feel like I'm on firm ground when it does. A tenant just gave his 30 notice. My 1 year residential lease agreements revert to month to month at the end of that period. The exact language read like this: 

This Lease will Automatically Renew for a term of MONTH TO MONTH at the end date of this lease unless:
a)     Tenant gives Landlord at least 30 day’s written notice before the end of any Renewal Term. OR-

b)     Landlord gives Tenant at least 30 days written notice before the end of any Renewal Term.

The tenant states that "I'll most likely be out in a couple of weeks but I will be paying all of next months rent (July) in case this process goes further into July than expected."

I'm not sure if he is obligated to pay July's rent due to the Month to Month stipulation or not. I know that I need to connect with him and ask him specifically what his intentions are since his communication is a bit vague... But then I'm not sure what to say. You'd think after 18 years I wouldn't be perplexed by this situation. [confused]  TIA

LLinVA

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Posts: 411
Reply with quote  #2 
Since it specifies before the end of the term, that would mean he has to tell in the preceding month that he wants the following month to be his last. So if he wanted June 30th to be his last day, he would have had to tell you some time in May. Since he told you in June, July 31st is his last day, and it sounds like that is what he is expecting anyway. 

It would be up to you, but if someone wanted to give an actual 30-day notice (for example: tell you on June 20th that they want July 20th to be their last day), you could agree to it as an exception, but the lease would require them to pay through July 31st if you did not agree to make the exception.
Telescopist

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Posts: 6
Reply with quote  #3 
Thank you for your response. It was helpful not the least for the fact that it was was well written. I wrote him a letter (all my younger tenants do is text...) and gave him the exception. I'm allowing him to prorate the rent for July. His move out date then will be on July 20th. If he moves out early than that he will still be obligated to that portion of the month.

He has been a good tenant for the last 3 years. I will use the remaining 10 days in the month to perform whatever cleaning and repair tasks are required in order to get the unit ready for the next tenant. 
OHlandlord

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Posts: 3,779
Reply with quote  #4 
You need to look at the way the 30 day notice law is written for your state.  Some states are term states - tenants give notice on or before the first day in the term (month) to move out the last day of the term (month).  Other states are literal or day for day states.  The notice is for 30 calendar days from the date they give notice.  What does your state law say?
Telescopist

Registered:
Posts: 6
Reply with quote  #5 
You are right. I am aware of that situation. I just haven't found the law for PA yet. When I do, I feel like I need to rewrite the language in the lease that makes it clear what the terms are.
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