How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LawGirl Your Own Question
LawGirl , Lawyer
Category: Real Estate Law
Satisfied Customers: 4606
Experience:  I am familiar with this area of law.
Type Your Real Estate Law Question Here...
LawGirl is online now
A new question is answered every 9 seconds

My tenants did not give me 30-day notice until the 11th of

Resolved Question:

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: 5 years ago.
Category: Real Estate Law
Expert:  LawGirl replied 5 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.

Please let me know if you have any other questions on this matter or require clarification. Otherwise please hit "ACCEPT" so I may receive credit for my efforts.

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

Use of this service does not create any attorney client relationship. Any information provided is not the practice of law but intended to direct you in finding an attorney in your locale.

You can always request me with beginning your question with "For LawGirl..."

Customer: replied 5 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 5 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 5 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 5 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 5 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 5 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 5 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 5 years ago.
That is fine.
LawGirl, Lawyer
Category: Real Estate Law
Satisfied Customers: 4606
Experience: I am familiar with this area of law.
LawGirl and 7 other Real Estate Law Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Previous | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK

Meet The Experts:

  • Tina



    Satisfied Customers:

    17 years of legal experience including real estate law.
< Last | Next >
  • Tina's Avatar



    Satisfied Customers:

    17 years of legal experience including real estate law.
  • Barrister's Avatar



    Satisfied Customers:

    15 years real estate, Realtor. Landlord 26 years
  • Dimitry Esquire's Avatar

    Dimitry Esquire


    Satisfied Customers:

    JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
  • Ray's Avatar



    Satisfied Customers:

    Texas Attorney for 29 years dealing in real estate
  • LawTalk's Avatar



    Satisfied Customers:

    I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • Ely's Avatar


    Counselor at Law

    Satisfied Customers:

    Qualified attorney in private practice including business, family, criminal, and real estate issues.
  • P. Simmons's Avatar

    P. Simmons


    Satisfied Customers:

    12+ yrs. of experience including real estate law.

Related Real Estate Law Questions