I have a month-to-month lease with a tenant.
I gave him a 60-day notice for termination of tenancy without cause (the law requires me to give him 60 days because he stays more than 1 year). My notice says his last day will be Jan 20, 2012. However, after receiving the notice, he made stop-payment on the check that he paid for November's rent (this month's). When asked about the stop-payment, he said he would leave by the end of this month, and therefore, didn't have to pay last month's rent (I have his last month's rent).
However, if counting from his verbal 30-day termination notice, his lease won't be expired until mid-December. Can I issue a 72-hour notice for non-payment of the November rent? Am I correct to say that his last month's rent is for half of December and whatever left will be refunded?
Thanks
I gave him a 60-day notice for termination of tenancy without cause (the law requires me to give him 60 days because he stays more than 1 year). My notice says his last day will be Jan 20, 2012. However, after receiving the notice, he made stop-payment on the check that he paid for November's rent (this month's). When asked about the stop-payment, he said he would leave by the end of this month, and therefore, didn't have to pay last month's rent (I have his last month's rent).
However, if counting from his verbal 30-day termination notice, his lease won't be expired until mid-December. Can I issue a 72-hour notice for non-payment of the November rent? Am I correct to say that his last month's rent is for half of December and whatever left will be refunded?
Thanks