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| Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc. |
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#1 |
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I have been renting a room out in my house. I did not make her sign a lease, however I figured that normal rules would follow. She decided to move out in the middle of the month and wants half of her rent, which is already paid back. Do I have to give her this money back? She wrote a cheque for the proper amount at the beginning of the month. I just do not see any reasoning that I would have to give her money back. Even thought I didnt make her sign a lease, any other place would charge you a months rent no matter what. I am unsure of how to handle this! Any help is greatly, greatly appreciated. Thanks!
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#2 |
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Without a lease, she is considered a month to month tenant or a tenant at will. She needed to give the proper amount of notice for your area to move out. Please post your state and I will tell you how much notice she was supposed to give. She is responsible for the rent for that notice period if you are unable to find another tenant during that time. The other 1/2 month of rent will apply towards the rent for this period.
You must send her a written statement detailing what charges she owes for (the rent for that period, any unpaid utilities, cleaning costs, etc.) to show that you kept the money for these reasons. Mail back any deposit that is left from this. Again, your state has a specific deadline that says when she must receive this statement. Post your state to find out how long you have to answer her request for her money. |
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#3 |
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usually she has to give a notice of 30 days if she is paying monthly and is month to month
but check your state rules as suggested |
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#4 |
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Some states give a 30 day notice. Others (like NC) are as few as 7 days notice. Others like DE, require as long as a 60 day notice. You need to know what your state requires.
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