out of date least

[Jan31]

My tenants just called to tell me they will be moving out at the end of September. They have been living in the house for 15 and 1/2 months. They originally signed a 12 month lease. I did not have them sign a new lease when the original one expired on May 31st 2009. In that lease, I have that they must provide a 45 day notice to terminate lease. With 9 days notice, I will not be able to rent the place by October 1st to cover the next months rent.. I thought that is was a common Law? knowledge that you should provide 30 days notice prior to moving out of any place. I would like to keep a portion of the deposit at least to cover the cost of lost income until I can get it re-rented. Is this legal?

 

[Gail_in_Georgia]

In the absence of a written lease, your renters are considered to have a "tenancy at will" or be month to month renters.

As outlined in the attached, your state requires 30 days written notice (by either the landlord or the tenant) to terminate such a lease:

http://lawdigest.uslegal.com/landlord-tenant/lease-termination/5151/

As of now, your tenants have not provided ANY legal notice they are terminating this lease as you've received no WRITTEN documentation regarding this.

Gail

 

[Jan31]

Thanks Gail. I feel much more confident after reading your link.