mandalynn1982

30 day notice...

6 posts in this topic

State of MO...

I have a tenent who gave me a 30 day notice on Nov 3rd (notice was dated for Oct 31) and she paid last months rent which is now breaking her lease... On he notice it stated that this is her last month as long as she gets the house she is trying to get ( renting from another landlord). She did not contact me to let me know for sure she is moiving out into the other house... I called her a few times asking and she stated she should know in a few days. I told her that as soon as she lets me know for sure she is moving we will call that her 30 day notice, but she is still liable for Dec 1st rent. On Nov 20th I called again asking her about moving. She texted me back stating that nothing has changed she is still planing on being out on the 1st of Dec. Dec 1st she is out and did not pay rent. My question is can I keep all or any of the deposit for giving me a vague 30 day notice?

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If her notice said it'll be her last month "as long as X" occurs, you're free to ignore the notice if you don't hear about X occurring. That's different from a notice that said "I'll let you know if anything changes" and we cannot know whether you're misinterpreting what her notice said.

"My question is can I keep all or any of the deposit for giving me a vague 30 day notice?"

What you CAN do is different than what would be proper to do, and this isn't a question strangers can answer with any certainty simply based on what you've posted.

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As a past Landlord, the landlord tenant code pretty much dictates what you can do and what you can't do, how much notice is acceptable for breaking a lease, and if perceived short or late notices are a legal means to withhold a security deposit.

In my state, the landlord tenant code clearly dictated what grounds a security deposit could be withheld and a 30 day notice wasn't one of them.

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State of MO...

I have a tenent who gave me a 30 day notice on Nov 3rd (notice was dated for Oct 31) and she paid last months rent which is now breaking her lease... On he notice it stated that this is her last month as long as she gets the house she is trying to get ( renting from another landlord). She did not contact me to let me know for sure she is moiving out into the other house... I called her a few times asking and she stated she should know in a few days. I told her that as soon as she lets me know for sure she is moving we will call that her 30 day notice, but she is still liable for Dec 1st rent. On Nov 20th I called again asking her about moving. She texted me back stating that nothing has changed she is still planing on being out on the 1st of Dec. Dec 1st she is out and did not pay rent. My question is can I keep all or any of the deposit for giving me a vague 30 day notice?

Study the statutes at the link that the moderator provided. But I'm guessing that you will first have to serve a "pay or quit" notice before you get to keep anything. The longer you wait, the more money you lose. Read the statutes. It's all in there.

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I don't know any state that doesn't allow a landlord to withhold unpaid rent from a security deposit. Thirty days after November 3 is December 3, so you have three days' unpaid rent. I can't conceive why you'd need to serve a pay or quit notice when the tenant has already quit (i.e., vacated). Nevertheless, I agree that you should read and understand the landlord-tenant laws and govern yourself accordingly.

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