Tenant didn’t give Landlord 60 Days Notice.
Question
One of my tenants moved out without giving written notice. Our lease agreement requires that 60 days’ notice be given for termination of the lease and states that failure to provide such the notice makes the tenant liable for 60 days of additional rent from the date they vacated the unit.
I am looking for language to use in a letter to them.
Answer
You neither indicate the state where the property is located nor whether the lease is month-to-month or for a longer term that was near expiring when the tenant left. Some states or local governments do not allow more than 30 days’ notice for termination of a month-to-month in spite of what the lease might say and some states may not allow a requirement for actual notice of termination at the end of a longer lease term unless the notice requirement is specifically stated in the lease agreement. A lease clause cannot override state law or local ordinance (including rent control ordinances). Assuming that (1) no jurisdiction in which your property is located prohibits requirement for a 60 days’ notice, (2) the relevant lease clause is unambiguous, and (3) the lease agreement required a “written” notice or you can prove that the tenant did not provide an “oral” notice to you, you could simple include the lease clause within your letter.
If they left before the end of the period for which their rent was pre-paid, the additional rent amount should take into account credit for the paid days.
However, many states require that the landlord make “reasonable” effort to find a new tenant as soon as possible and to only charge the old tenant for the period ending when the new lease is effective. Even if the state does not have such a statute, a particular judge might rule that way if the old tenant pursues the matter in court.