I provided a month to month tenant a notice to terminate on 1/29/19 asking him to vacate the premise by 2/15/19. As a convenience to him I’ve allowed him to pay half his rent by the 5th and the other half by the 20th of each month. Also as a courtesy I didn’t require he pay on the 5th of February rather I told him I would prorate the amount of days he remained on the property in case he left earlier. He feels I shouldve given him the notice 15 days prior to the end of January if I wanted him to vacate by 2/15 is this a valid argument? Wouldn’t this be giving him 30days to vacate instead of 15?
The tenant is correct. Its 15 days notice that the tenancy will be terminated. On a MTM tenancy, that means January 29 notice means February is the last month.
Responses provided represent entirely un-researched, casual opinions and cannot be relied upon in any way or manner as legal advice. No communication here is intended to establish an attorney-client relationship.
If you are allowing him to pay on the 5th and the 20th as a convenience, then you still have a month to month tenancy, and the notice you gave on January 29th is effective for the last day of February, February 28th, 2019.
If you and the tenant both agree that he is leaving on February 15th, you can. Just put it in writing and have both parties sign and date.
If you do not agree, then he can stay until 2-28-2019 and he must pay the rent for the whole month.
If you are unsure, see a local lawyer for advice and representation.
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