Q: Can a tenant legally pro-rate their own rent when they decide to leave earlier than expected?
My current tenants gave me notice on July 18, 2020 that they would be moving August 15th. They originally were set to leave December 2020. Because they are leaving mid-month, they are refusing to pay the full amount of rent. They are saying they will pay half or they will require access to the property for the entire month even though they’re moving out of state. The 60 day notice requirement in their lease reads “tenant must provide 60 days notice of intent to not renew lease”. The way this is worded makes me think they have a legal right to do this. Please advise.
A: If this is the initial lease term, the 60 day notice likely refers to notice required prior to the end of the lease term - not notice at any point during the lease term. Without seeing your lease, my guess is that the tenants are not able to break the lease and if they refuse to allow you access then it'll take you longer to find someone new and they'll be responsible for more of the rent. I'm sure anyone who responds would be happy to help if you decide to hire an attorney. Good luck.
A: Tenants who give a written notice to terminate the lease are required by law to pay their full amount of the last month in which they are in possession of the premises.
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