Please can someone help me regarding following situation. I have asked my tenant to vacate apartment as I will be selling it. I was not able to advise him of this until last few days of tenancy, reason being that I did not have tenants contact details. The tenant has asked for 30 days notice so that he can find another apartment. My question is should I be charging rent for these 30 days or is tenant entitled to stay for free as I did not give him notice earlier.
You have already provided the cushion period to your tenant for finding another apartment. You have all the right to get the rent of the last 30 days after the notice period. And secondly the tenant has asked you for 30 days himself. This also relieves you of any kind of rush or hurry on your part, instead you have accommodated your tenant.
However, the advice of a legal expert in this matter is highly recommended to be on the safer side in case of any complication.
You are completely and legally entitled to take the rent for these 30 days. Initially you should check your tenancy contract as when you signed the contract the tenant must have paid the security deposit, which in most cases is paid via cheque and is normally equal to a one month rental amount.
You can either claim this amount or ask the tenant to make the payment for the remaining 30 days. Either ways you should collect your payment, of course its your discretion that you can offer some discount to the tenant and charge a slightly lower rate.
Generally, the tenant must pay and is responsible for the rent of the 30 days after the notice has been issued. So, you can legally charge rent for these 30 days.
For example, if the rent is paid on the 1st and after 15 days, a tenant submits a 30-day notice of the same month, he or she has to pay the rent of the whole month to the 15th of the next month i.e 30 days. If the tenant leaves on the first and a landlord find a tenant before the 15th of the next month, the landlord must refund the previous tenant any funds paid for days prior to the 15th.
Kauser,
Dear it is obvious, the person using your home is liable to pay off the rent as decided. It depends on you as Mr. Zeeshan said that you charge for those 30 days with some discount on it.
However, you may cut the rent of those days from the security taken before renting out your property.
(6 Answers)
