Can I charge tenants who moved out the full month’s rent after they didn’t pay all of previous month?

UPDATED: Sep 30, 2022

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Can I charge tenants who moved out the full month’s rent after they didn’t pay all of previous month?

On a month-to-month contract, I told the tenants to move out by the 31st of last month, 2 months prior. They stated I needed to let them stay until the 7th,,so I told them OK for a half month’s rent. They moved out without paying for more than half of last month and nothing for this month. I have to take them to small claims court. Can I now ask for all of this month’s rent because they broke the contract not paying last month?

Asked on August 30, 2016 under Real Estate Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you agreed to let them move out by or on the 7th, you can only charge for the 7 days of this month, and also for any unpaid balance or portion of last month's rent. Effectively, you agreed to only charge them until the 7th of this month; since that was the agreement, that is what they must pay.

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