Tenants Give 2 Week Notice To Vacate
I have two tenants living in a home they have rented from me for over 4 years. In July, when presented with the new year lease to sign, they refused because they were looking to buy a house. I sent them an eviction letter in Sept, but then decided to allow them to stay on a month to month basis. They contacted me Nov 1 and said they bought a house, and would be out by Nov 15. They indicated they would only be paying half of the monthly rent for November. Can they do this without giving me a 30 day notice? I am thinking of suing them, although I dont know if it would be worth my while in the long run. Any advice would be appreciated. I am in New York state. Thanks!
What is in your lease regarding notice to leave the residence? if you have in there 30 day notice then they must comply unless you feel like being a nice guy. did you collect a security deposit? if they will only willingly pay you the half month rent thats fine, just take the difference out of security and include that in your damage notification list. We hand our keys and rights over to tenents in the beginning,but sometimes we gain a little control in the end. Hope this helps. 15 years as a landlord, teaches lots of lessons.
[ Edited by mikeanthony on Date 11/09/2005 ][ Edited by mikeanthony on Date 11/09/2005 ]
There is no lease as I agreed to let them rent month to month with no lease. They used there security deposit 3 years ago, and I nevr bothered to get another deposit from them. I probably have no grounds to sue them, do I?
Ok...personal opinion here...
How were they are tenants fo rthe last four years? Was their rent paid on time, or were they always late? If they were good tenants and you were able to pay your mortgage and costs on the property for the last four years, you might consider being a "nice" guy. If not, maybe court action is the way to go.
In conjunction with this, how quickly can you get new people in? And, what condition did they leave the place in? Perhaps you could talk with them and "agree" to give them a break if they will clean the place and have the carpets steam cleaned.
John
rent always paid on time---I have not put a dime into the place for over 4 years---needs some work but not due to their negligence. I just want the full months rent, but Im assuming at this point it is not worth court action? thanks
since they have been good tenants for 4 years I would let it slide. Legally, you are probably entitled to 30 days notice so they would technically be responsible for rent through the end of the month, but would it really be worth all the hassle of taking them to court for half a months rent? Personally I would congratulate them on the purchase of their new home, let them know that you will accept the pro-rated rent as long as they leave the house clean and have the carpets steam cleaned upon leaving.
I agree with FallenAngel. You have received your rent on time for four years, have had no problems with these tenants (from your post) and yet you want to haggle over a 1/2 months rent at the end of a 4 year term. In the grand scheme of things, considering how much they have paid over the years I would even give them refund of the 15 days rent to "help with their moving expenses". You never know, they might be able to refer a new tenant to you, but you can be sure they will bad mouth you if they leave with a bad taste.
Just my 2 cents.
JS.
IMHO
Four years of good tenancy and a chance for referals.... yeah, let the 1/2 month go.
Jim
My 2 cents. 4 years or rent without a dime of maintenance! Well worth 1/2 month rent.
Wish them well and hope you get a tenant 1/2 as good next time.