Q: New rental agreement after 60-day termination notice?
I'm renting out three bedrooms in a house that I reside in. It's a bit of a bungled mess because we (were) friends when we wrote up the contract 5 years ago. The contract says I'm renting out three bedrooms with common area and all three tenants names are on one contract, with a security deposit listed for each room. It is documented, though, that they each pay me separately for each room, and we split utilities evenly. I've given all 3 tenants their 60-day no cause termination notice, but one, who seems to be the nicest, turned around and gave me her 30-day notice. So questions are: Do I have to give the other two tenants a 24hrs notice to inspect her room? Also, if so, should they be paying rent for her room? Lastly, from a previous answer to my last post, I was told that how the agreement is currently written up, when one tenant moves out a new agreement should be written up, and can then be changed. Does this apply after you give notice? Thank you again for your help!
A: If your tenant wishes to move out prior to the end of the 60 day notice you gave her, then she indeed has to give you 30 days notice of her intent to do so, so that all sounds quite proper. As to giving the remaining tenants 24 hr advanced notice of your intent to enter her room, this again goes back to exactly what sort of structure you have - and as noted in the previous answer, this sounds to be unclear and potentially messy. So what is the harm in providing the notice to the remaining tenants? You may not need to but if a Judge later decides that you should have, you will have your bases covered. Whether your existing agreement terminates upon the first tenant leaving again is ambiguous in your situation. I doubt it worth the effort to try to do a new lease for 30 days or less with the remaining tenants but I would be sure to clean this all up if/when new tenants come in. I covered the potential obligation of the remaining tenants for the total rent in the prior answer and nothing has changed. On a practical basis, given the confusion and messiness is a product of your creation and you are apparently talking it being for 30 days or less, it probably makes sense to simply not try to charge the remaining tenants the extra amount rather than risk a court battle over it that would likely cost at least the losing party far more than the amount waived.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
