Tenant Gave 30 Days Notice but Paid for 60.

[Nir]

Hi,

I have a small dilemma. A tenant paid, then gave me 30 days notice. he forgot he gave me last month rent when he moved in years ago.
so really he paid me for 60 days but he leaves in 30 days. obviously I told him that’s fine and reminded him he paid last month rent too so he does not owe me anything. HOWEVER, I think he is a bit upset he forgot about the last month rent or 60 days notice rule. Otherwise he would let me know about it sooner in order not to pay for an additional month he is not using!

My question is: to ensure he is happy (well and leaves the apartment clean!) would you offer him some payment if you find a tenant earlier?
I know it may sounds too generous but the other option to charge 2 rents from 2 different people for the same month (the new tenant and the tenant who paid but left earlier) doesn’t sound that fair either.

THANKS.

 

[RebeccaBryan]

In Alberta, you would need to give the money back if you rented it out. You can`t charge two rents for two different people. I can`t imagine it being any different for Ontario.

 

[housingrental]

If monthly (I assume) ? He had tyo give 60 days notice
If he gave 30 you need to try to mitigate damages by re-renting
If you are able to re-rent in 30 days you need to give him back his extra months payment back.
If you are able to re-rent in 45 days you need to give him his pro-rated (15 apx.) days of rent overpayment back.
If the unit is rented in 60 or more days you don`t need to give him anything back.
You are not allowed to collect rent twice on a unit during the same time period and need to refund as appropriate.
If you have any questions let me know.
I`d recommend you let him know above so he`ll help facilitate ease of re-rental in terms of presentation and talking up suite to prospective renters when you show it.

QUOTE (investmart @ Sep 7 2010, 11:46 AM) Hi,

I have a small dilemma. A tenant paid, then gave me 30 days notice. he forgot he gave me last month rent when he moved in years ago.
so really he paid me for 60 days but he leaves in 30 days. obviously I told him that`s fine and reminded him he paid last month rent too so he does not owe me anything. HOWEVER, I think he is a bit upset he forgot about the last month rent or 60 days notice rule. Otherwise he would let me know about it sooner in order not to pay for an additional month he is not using!

My question is: to ensure he is happy (well and leaves the apartment clean!) would you offer him some payment if you find a tenant earlier?
I know it may sounds too generous but the other option to charge 2 rents from 2 different people for the same month (the new tenant and the tenant who paid but left earlier) doesn`t sound that fair either.

THANKS.

 

[Nir]

Thank you Adam and Rebecca!

If I find a new tenant earlier, I will pay the tenant who is leaving for the portion of the month the unit is occupied by the new tenant.

Regards,
Neil

 

[housingrental]

Thanks Neil
As always, have fun!!!