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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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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