I understand I must give my tenant 30 days's notice. Do they still owe me rent during that time?

Profile picture for Laura Ingalls

My tenant have consistently smoked in my rental house, despite a clear (but unwritten -- stupid me) statement prohibiting such activities. I have also verbally asked her and her guets not to smoke in the house. Because this requirement has been ignored, I have given her the required 30 days notice to leave. Does she owe me rent during that time?

Kate 

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February 24 2010 - US
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Answers (6)

Are they month to month or on an annual lease?  If it is the latter, you likely have no ground and yes, they owe you rent unless it is the end of the lease and they have paid last month.
Rules must be in writing!  Contact your local trade association, attorney or state law for details.
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April 02 2010

Do you have a written lease in effect?  I am a propfessional manager and if you have a written lease with a verbal statement of no smoking you may have a hard time getting this person out if they want to contest it.  Not sure what state you are in but you should really seek legal advice if you are trying to get someone out and you do not have the no smoking in wriitng.

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March 29 2010

Yes, they owe rent for the time they are there. Since you requested they leave, I would recommend that you pro-rate the rent if they leave early.

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February 24 2010
State laws regarding eviction vary greatly from state to state, so if you are very concerned you should contact a local real estate attorney.  Generally, they would probably owe you rent, but as was said, you might have a hard time collecting.

Are they contesting the eviction at all?
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February 24 2010
Anything that is done verbally is always a mistake and yes they must pay
rent but if I were you I would get my 5 day notice ready for non payment and not wate time
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February 24 2010
You are evicting her based on an oral understanding and not something specifically spelled out in the lease? Technically yeah, they do owe you rent for every day they reside in the premises. But I might be mindful that the eviction might not be completely kosher as you don't have the 'no smoking' rule in your lease. So attempting to collect rent might create legal issues that could be far more expensive than a month of lost income.
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February 24 2010
 

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