What is proper notice on a month-to-month lease?

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What is proper notice on a month-to-month lease?

I have tenants that have been renting for 13 years. They are on month-to-month. On 11/09 they gave me notice that they will be moving out by 12/19. They also asked me about their security deposit. However, shouldn’t they have let me know on 11/03 when rent is do that they would be out by 12/03. Now I have to pro-rate the 16 days they are there in December and charge them for those days. What about the remaining days in December? I will not be able to get any tenants in there until at least February. Do I need to refund their security deposit?

Asked on November 21, 2010 under Real Estate Law, Michigan

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Thirty days written notice is required to terminate a month-to-month tenancy.  The date of notice doesn't have to correspond to the date of the month when rent is due.  It can be given at anytime during the month.  The tenants actually gave you 40 days notice and will owe rent until December 19.

As for the security deposit, you can retain it for cleaning or damage to the apartment excluding normal wear and tear.  The condition of the apartment when the tenants vacate will determine how much of the security deposit to refund.


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