Q: Does a tenant still owe rent up until the end of landlords 30 notice even if they move out 2 weeks prior?
If the tenant moves out before the 30 days is up and has turned over the keys are they still entitled to pay up until the last 30th day? Or what if they don't return the keys at all but property is completely empty?
A: A tenant owes rent for every day they are in possession - and they are in possession until they either restore it to the landlord (usually by returning the keys) or the landlord reasonably knows or should have known that the tenant has abandoned their tenancy. In addition, a tenant owes rent through the end of a 30 day notice that they are terminating their lease, or through the end of when the landlord has notified them that he/she is terminating their lease (be it 30, 60, or 90 days notice). If a tenant wishes to terminate their lease before that, they must serve the landlord with their own 30 day termination of tenancy notice and will owe rent through that 30 days. If a tenant abandons their tenancy without providing at least 30 days advanced written notice (text or email are not valid), then they owe an additional 30 days rent from when they vacated. If a landlord gives them a 30 day notice and they get out before day 30 and/or they do not provide their own termination notice, the tenant normally owes rent through day 30. There can be some ins and outs and qualified obligations so if you need to really know what the requirement is in any specific situation, you need to review everything with a local landlord-tenant attorney to determine how the general rules apply in your situation.
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.
