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JPEsq
JPEsq, Attorney
Category: Business Law
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Experience:  Experience as both in-house and outside counsel in general business and transactional law
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We are self employed and own our own building...we had a renter

Customer Question

We are self employed and own our own building...we had a renter upstairs...no written contract...thought we wouldn't need it....he was given the keys to the upstairs the first part of June...he left without telling us sometime the second week of Feb....he didn't pay us his first months rent until the 20th of June and says that's when his rent should have started not when he got the keys...the last rent check we got was not Nov but the first part of Dec...his rent was $300 a month...we say he owes $600 and he says $400...what can we do?
Submitted: 1 year ago.
Category: Business Law
Expert:  JPEsq replied 1 year ago.

As I see it, he owes you December, January, February, and March. So... $1200. $900 at the least, if you concede that the rent ran from the 20th to the 20th of each month. $300 due on December 20, $300 due January, $300 due February, and then $300 for vacating without 30 days notice (March).

 

Whenever you have no written lease, it automatically defaults to a month to month tenancy. With a month to month, either party mus give one month's notice to terminate the agreement. So he also owes you for March- $1200 is what I would sue for, plus any other fees, cleaning and turning the space over.

 

As for when the rent was due, it would be when it was customarily paid. If he was paying on the 20th, then it would be the 20th.

Customer: replied 1 year ago.

So even though we didn't have a written agreement the 30 days notice is the law?

Expert:  JPEsq replied 1 year ago.
Yes, that is correct.
JPEsq, Attorney
Category: Business Law
Satisfied Customers: 5104
Experience: Experience as both in-house and outside counsel in general business and transactional law
JPEsq and 7 other Business Law Specialists are ready to help you
Customer: replied 1 year ago.

The renter was trying to say that his rent started on the 20th and not on the first when he got the keys....we figured he was paying one month behind and he says he was paying one month ahead...

Expert:  JPEsq replied 1 year ago.

He owes you for any time he had possession of the residence, if he could have moved in on the 1st... he had possession on the first.

As for paying ahead or behind... it doesn't matter. Just add up how long he was there, and add up how much money he gave you. That's it. It is not as complicated as you are making it. If he moved in on June 20 and moved out on Feb 10 (for example), he owes you $2100 total. Subtract what he paid you total, and he owes the difference.

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