Want to see what you all think about a deposit question. Standard month to month agreement in Illinois. Tenant texted me near end of Sept and says she may be moving out by end of Oct but doesn't know for sure and may want to stay through Nov since she has not yet found a place closer to where she wants to be. Says she'll update me asap.

Oct goes by without a word until the evening of the 31st when she texts and says keys are in the unit and she's out. Of course she thinks she gave proper notice but I say "I might be moving" isn't notice as it does not allow me to commit the unit to the next renter with a definite date.

Thank you.

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NO not proper notice at all!

I would text her back and say, "You will be paying November's rent, right? As you did say you wanted to stay through November, or would update me if you were not. Your lease requires 30 day notice to vacate."

While I agree that there are some notice issues here -- I can't help but think: WHY didn't YOU follow up??

The notified you in September that they plan to move by the end of October, but things might change. You then do nothing to follow up for the next month and are surprised that they are out on the 31st of October??

Again, I get that it wasn't good notice. But, come on, you had to know that this is how tenants behave and should have followed up yourself in EARLY October when she didn't get back to you.

- John...

I agree that you should not have had to follow-up. BUT as others have stated, you should have....why? 'cause as was said you should only be surprised, but not shocked after all they, the tenants do not think that it matters it is what they want that is important.

Hopefully you have enough $ as deposit to covetht erent for N Nov., plus any damages.

You are not obligated to follow up, but in this scenario I would have just to be sure. Why? Tenants don't work on land lord logic. In her mind, she gave you notice. She'll probably be pissed that you're not hand-holding her thru this event and/or expect her to pay Nov rent.

Did you get Nov rent? If not, I'd tell her you'll accept 50% of the month due to the miscommunication, balance of security to be returned--less damages and cleaning--within the time-line your state required.

If you did get Nov rent, then proceed as above except YAY you got 100% of the rent.

Tenants don't think like we do. Clear communication, which included DEADLINES, is imperative. Here's how I would have responded:

"Thanks for the heads up. Per our management policy and rental agreement, we must have written notice of you desire to terminate the agreement signed and dated on or before the 1st day of the month in which you intend to vacated. For example, if you will move out by Oct 31 we must have notice on or before Oct 1st. The date of termination must be specifically stated. We cannot accept a notice that does not give a clear date by which full possession will be returned. Otherwise, we rent by the full month only and therefore Nov rent would be due if notice is received after Oct 1st. Please follow up with your decision ASAP."

Dave, right and I hope you don't think I was imply you were hand-holding. I've observed that a lot of tenants figure that it's the land lord's fault that we cannot read their minds. That's where having a solid lease comes into play that spells out things we assume they should know. For example, I specify that text or email is not sufficient notice to terminate or non-renew a rental agreement. I will accept an email attachment of a photo of their letter, or a scanned PDF. But it has to have a hand-written signature, an effective date, and a move-out date. That way they cannot claim later their boyfriend sent it as a practical joke.

No offense taken Sid, my agreement has evolved over nearly 20 years also to cover things only tenants could think of. It does state notice must be in writing but I can't recall the last time one actually gave it to me in writing. I give them some freedom as long as it doesn't cost me money.

How did the Tenant leave the unit? Was it a good Tenant that paid according to lease terms? The above conditions would determine how I would handle this case.

Dave,

Another sad case of incomplete lease - move out policy is not clearly stated. LLs lose lots of money on move outs.

Add this wording to your next edit...

My lease is clear: rent is pro-rated at move in only, last month is full calendar months only. Notice must be received in our office 60 or more days in advance.

Move out notice is only accepted in writing on the form provided in the lease. Verbal notice is not accepted.

Notice and move out procedure are clearly stated Brad, tenants just do as they please especially toward the end of the lease as they no longer feel they have to follow the rules. If you know of a way to cure this with all tenants I'd like to hear it.

I can require, ask, beg, plead or otherwise seek cooperation but the fact is, in this case, if the tenant drug me into small claims court for failure to return the SD for other than the days it sat empty in Nov I'd lose that case because I have a legal obligation to mitigate damages. Notice was for the end of Nov but I'll have a new tenant sooner so all I can withhold is the vacant days. Also, IL law is 30 days so the 60 would not withstand a legal challenge here. Technically, I believe notice given on the 1st of a month with 31 days would get them off the hook at the end of that same month but I've never had that challenged.

I knew when I ask the question notice was for the end of Nov just wanted to see if you guys agreed based on the limited info I gave. Wasn't planning to write a book with all the details.

Thanks.

I accept notice via text.