Can I charge my tenant a whole months rent if they stay past the time they are supposed to be out?

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Can I charge my tenant a whole months rent if they stay past the time they are supposed to be out?

These people are tenants-at-will. They are supposed to be out 02/03/11. The night of the 3rd she said she was not going to be out. They are still here and I was nice to give them 2 extra days. So I am wondering if I can get the whole months rent since my new tenant can’t move in?

Asked on February 8, 2011 under Real Estate Law, Maine

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You mean that they were month to month tenants, correct?  Yes, technically if they were not out on the day or evening that they were supposed to be out then they owed you for another month's rent.  But you made a subsequent deal with them that allowed them to stay without asking for the rent.  You could have started eviction proceedings but you did not. And if you took them to court and tried to get money now I think you might have a fight on your hands and you may not win.  Is it possible to instead start the lease of the new tenant in the middle of the month and abate the rent?  That could be an option to save you from losing money. 


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