Prepaid rent.

[mpbennett]

What is the name of your state (only U.S. law)? AZ

If a tenant has paid rent 2 months in advance and then gives a written 30 day notice does the landlord have the right to keep the prepaid rent?

I think according to AAR rental agreement if the term runs from the 1st of every month the notice can only be given on the 1st of the month for a 30 day notice, is this correct?

Thanks

Mary Bennett

 

[Banned_Princess]

What is the name of your state (only U.S. law)? AZ

If a tenant has paid rent 2 months in advance and then gives a written 30 day notice does the landlord have the right to keep the prepaid rent?

I think according to AAR rental agreement if the term runs from the 1st of every month the notice can only be given on the 1st of the month for a 30 day notice, is this correct?
Thanks

Mary Bennett

What does your lease say?

I really really don't think you can keep tenants unused rent money if he moved out especially if he gave a 30 day notice.

plus I have never heard someone having only the one day to give 30 days notice. That is ridiculous .

 

[JETX]

If a tenant has paid rent 2 months in advance and then gives a written 30 day notice does the landlord have the right to keep the prepaid rent?

No.

I think according to AAR rental agreement if the term runs from the 1st of every month the notice can only be given on the 1st of the month for a 30 day notice, is this correct?

You must comply with the terms of the written agreement.
Otherwise, the following state law applies (since paid 2 months in advance... and giving notice, I assume this is a month-to-month tenancy):
33-341. Termination of tenancies

A. A tenancy from year to year terminates at the end of each year unless written permission is given to remain for a longer period. The permission shall specify the time the tenant may remain, and upon termination of such time the tenancy expires.

B. A lease from month to month may be terminated by the landlord giving at least ten days notice thereof. In case of nonpayment of rent notice is not required.

C. A tenant from month to month shall give ten days notice, and a tenant on a semimonthly basis shall give five days notice, of his intention to terminate possession of the premises. Failure to give the notice renders the tenant liable for the rent for the ensuing ten days.

 

[sandyclaus]

What???

What is the name of your state (only U.S. law)? AZ

If a tenant has paid rent 2 months in advance and then gives a written 30 day notice does the landlord have the right to keep the prepaid rent?

I think according to AAR rental agreement if the term runs from the 1st of every month the notice can only be given on the 1st of the month for a 30 day notice, is this correct?

Thanks

Mary Bennett

What makes you think that you'd be entitled to keep rent that hasn't been earned?

You can only keep that amount which you are legally entitled to, i.e. If your tenant failed to give you legally sufficient notice before vacating, and then only enough to satisfy the legal notice period and no more.