Moving Before 30 Days

[Barb Gallagher]

I have a home in Montana that I have been renting out on a month to month basis. Due to personal reasons I have to move back into this house. I have served the tenants with a 30 day notice as required in the rental agreement. It states in the agreement that either of us can give 30 days notice to end the agreement. I gave the tenants their notice on January 31,2001. I also gave them a letter of recomendation because they are good tenants. Now for my question: They are required to be out March 2, 2001. They have already found another place, if they move before the 30 days is up am I required to give them whats left of the months rent or do they have to pay the full months rent?I am kindof stuck here if they move out now the house will be empty until the first week in March as thats when I am able to move back in. They have not paid the rent for Feruary yet so I am figuring they want to use their deposit for the last month. How do I handle this?

 

[djdj]

You should let them know that they can use the security for Feb. rent, that way YOU will have some extra money for YOUR moving expenses...but ....if they move out sooner, well thats their choice, but they dont have to give you the keys untill March 2nd,, and you cant move your stuff in either if they leave early.

Its still their apartment until March 2nd or they give you back the keys.

 

[Barb Gallagher]

to djdj

Thank you for your quick response. I know I rambled on but my main question was if the tenant moves and turns in the key this early in the month do I have to return the rent for the remainder of the month. Also keep in mind they have yet to pay rent for Feb. So it would be their deposit.

 

[djdj]

Re: to djdj

NO it was THEIR CHOICE to move before March 2nd...and they have not offered to pay the rent yet, and use whatever is left for any damage to the apartment, probably not much...but they might have unexpected problems in moving...hey you are in Montanta...thats Blizzard country,....

 

[Barb Gallagher]

to djdj

Yes in Montana, but I haven't seen much in the way of Blizzards. More snow this year than the last several but nothing we can't handle.
Again thank you so much for your help