Try this again. Do as a landlord charge someone who refuses to leave the entire month or by day until evicted?

We are currently preparing to go to the courthouse tomorrow to file for eviction, and I'd like advice on what you have done. It's rather simple tenants who have broken the lease repeatedly and the peace ordinance in our area. I've already talked with our attorney about eviction and was told we had every right as the lease has ended today, we gave them a letter a month and half ago informing the tenants we had no intention of renewing the lease, and we documented everything. So, I know how this works with the fact we go to court. I'd like to know how you as a landlord follow this: "may recover an amount not to exceed one and one-half times the actual rent due and damages." If I accept rent from them, there lease is considered renewed for the month; therefore, I cannot take any amount of money except from the deposit or in court.





This is my problem. I have read every piece of real estate law concerning landlord/tenant, and no where is it mentioned that when tenants refuse to leave what the amount of time charged is. Is it a month or just the amount of time tenants are in residence? Do you consider the 1.5 to be from the whole month or just the days they are in residence?





In college, I knew someone who was charged the entire month for staying a week past the date on their lease. I'm wondering just how legal this is. Please do not refer me to anymore laws or legislation from Alaska as no where does it state the amount of time.|||Legally, you have the right to collect the entire month's rent, since your tenants failure to leave has kept you from getting another tenant in. It doesn't matter if they get out on the second, or stay until the 29th, by not being out on the first, they're responsible to pay. But if you don't want to give them a leg to stand on, don't accept any rent, other than for the actual time they'll be there.|||Just sue for your actual losses. June rent or prorated amount if you have a new tenant lined up. Cleaning fees, legal fees, etc.|||They owe you a whole month's rent. That's the way all leases work unless the landlord %26amp; tenant agree ahead of time to pro-rate the rent to the move-out date.|||Rent is due for June today, yes? so as of right now, they owe June rent. A whole month. Quite legal.|||You would be entitled to the whole month's worth of rent. You have the right to collect the amount that is owed to you, without regards to the lease renewal. It sounds like you have served the tenant with a 15 day Notice to Quit prior to the next rental period. That Notice to Quit should be served by a local sheriff or constable so that you have a witness to back you up. I wrote a book titled " Mastering Property Management skills: Your Key$ to Positive Cash Flow." This book is available for purchase on line on my web site at: www.BrianJCodyauthor.com, as well as www.Amazon.com and


at www.CreateSpace.com Feel free to check that out. Hopes this helps you out.|||When the tenant remains in the rental unit even one day into the new month, they owe for that entire month. Rent is never prorated unless the landlord specifically wants to (or you live in CA).





So, you can collect for the month of June. However, if you get the unit rented out again, say, June 15th (probably not going to happen), then you would have to refund the prorated rent that the unit is occupied. You cannot double-dip for rent. Doesn't sound like this applies to you, though.