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LawGirl
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Category: Real Estate Law
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Experience:  I am familiar with this area of law.
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My tenants did not give me 30-day notice until the 11th of

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My tenants did not give me 30-day notice until the 11th of October when my lease clearly states that 30-day notice must be give 30 days prior to the 1st of the next month. I gave them the option to stay until November 11th but they wanted to move out by the 31st of october. Can I charge them a fee for not giving me 30-day notice within the proper time frame?
Submitted: 3 years ago.
Category: Real Estate Law
Expert:  LawGirl replied 3 years ago.

Thank you for your question.

If proper notice was not given, they can be held responsible for paying rent for to the end of the applicable rental period. If they did not give appropriate notice until part-way through October, if their notice was not accepted as compliant with the lease terms, you can hold them responsible for rent through November. In order to give proper notice to move out the end of October, they would have had to give notice by the end of September. Since they failed to do so, the notice they gave properly terminates their lease at the end of November.


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Customer: replied 3 years ago.
Relist: Incomplete answer.
Can I charge them a fee for not giving proper notice or can I only charge they pro-rated rent they would have owed should they have stayed trough the 11th of november?
Expert:  LawGirl replied 3 years ago.
No, if the lease does not provide for charging a "fee" you cannot invent one. Instead, you can charge rent either on a pro-rate basis through November 11th or for the entire month of November due to their breach of the lease.
Customer: replied 3 years ago.

What about the utilities? Can I charge them for those from November 1st through the 11th? Since they already switched their names from them as of the 1st?

 

Expert:  LawGirl replied 3 years ago.
Are utilities part of the lease? Are utilities based on usage or does the lease provide for a flat utility fee?
Customer: replied 3 years ago.
It was stated in the lease that the tenant was responsible for paying water, trash, electric, and gas during the term of their lease. The bills were to be sent to them and payed by them and then stopped on the day that they vacated the property.
Expert:  LawGirl replied 3 years ago.
You can hold them responsible for the utility charges that are incurred during the life of their lease. Now that they are no longer using the utilities because they are not living there, they can be charged for monthly fees and/or standard fees that come along with the utility being in use. However, usage charges cannot be charged because they are not using the utilities. For example, if there is a monthly fee for water, that can be charged. However, if someone else has a shower in the apartment, they cannot be held responsible for that water usage because they did not use the water.

Chances are if these utilities were turned off when they moved out, it is unlikely that there will be many bills accruing for which they will be responsible.
Customer: replied 3 years ago.

when they gave me their 30-day notice on the 11th I told them that should I find someone to rent by the 1st of november I would void the pro-rate rent they owed me through the 11th of november. But I did not find anyone to rent by then so I charged them. Is this ok to do?

Expert:  LawGirl replied 3 years ago.
That is fine.
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