Re: Lease / pro-rated rent - Posted by JohnBoy
Posted by JohnBoy on July 07, 2003 at 23:34:40:
If the original lease expires, where the tenant holds over, converting to a month to month, then typically by law, the tenant must give a 30 day notice to vacate. The 30 day notice would need to be given by the 1st of the month. So if the tenant vacates on the 10th, then they would not only be liable for that full months rent, but they would also be liable for the following full months rent since they never gave a 30 day written notice to vacate. This is the law in my State anyway. Other States may vary under their laws.
Also, a lot of commercial leases will obligate the tenant to pay double the rent when they hold over on a lease. You will need to read the lease and see what it says about holding over. You will also need to check what the laws are in your State pertaing to given a notice to vacate on a month to month.
I had a commercial lease that was a 5 year lease and had a option to renew for another 5 year term. The lease required me to give a 60 day written notice prior to my first 5 year term expired if I intended to exercise my option to renew for the other 5 year term. I did not do that because I didn’t want to renew for another 5 year term. So I just paid the rent on a month to month after the first 5 year term expired. The Landlord “assumed” I was obligated for the second 5 year term. But since I never exercised that right by giving the written notice required under the lease, I was not on the hook for the second 5 year option I had. I was only on a month to month as a hold over and my only obligation was to give a written 30 day notice to terminate my lease. This was per my attorney who specialized in commercial leases. Only you must give the 30 day written notice to terminate, prior to the 1st of the following month.
So if your State has a simular law, then your tenant would have been required to give you a 30 day written notice, prior to the 1st of th month they wished to terminate the month to month. Otherwise they are liable for paying the full month’s rent plus the following full month’s rent in order to serve proper notice to terminate their tenancy. Check with an attorney who knows commercial lease laws in your State and read what your lease says to see what rights you have.