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Wanting opinions on month to month agreement dispute between tennant and landlord?

Posted by kay on April 14, 1998 at 19:45:23:

I am requesting honest opinions on a dispute that is happening. I rented a house with no lease, just month to month agreement. I requested no security deposit. We required first and last month's rent when tennant moved in. We explained to her that we would like a 30 day notice if vacating and let her know when this happened we would check out house and her last month's rent would pay her out until she left. The month to month agrrement started on the 15th of the month.

Well she gave her notice on the 6th of Feb; she found a larger place and moved out by the 15th of Feb. She gave us a check in jan that automatically paid her up to the 15th of Feb. She thinks she is entitled to about a week's worth of last month's rent back because with the 30 day notice that would bring her up to March 6; so she thinks she is entitled to the difference between march 6-15; the last month's rent we collected when she moved in.

We don't believe we owe her anything; we requested first and last month's rent with no security when she moved in. Since the agrrement started on the 15th it should end on the 15th. Her last month's rent took her up to march 15th. It was nice that she gave us a 37 day notice you might reason but we don't think that should entitle her to a week's of last month's rent back..she choose to move out early because she got a bigger place; but she was more than welcome to stay until the 15th.

What is your opinion on who is legally in the right. we honestly believe in our position; I don't think we are trying to take advantage of her just because we want to keep last month's rent which was what she paid us up front. If she were in a lease she would have to eat those months even if she did not live there; all we are asking for is 1 month's rent and because she chose to leave early does not mean she should be entitled to 1 weeks rent back.

All opinions are welcome we would just like to know how others feel. Thankyou in advance.

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