Tenant's Notice to Vacate

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celliottii

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We've had a Tenant rent one of our rooms for over 18 years. Her monthly rent covered not only rent, but also all utilities (including cable), laundry service, food, and provided transportation to and from her medical/dental/vision appointments.

Her family decided to move her into an assisted living residence due to her age. No written or verbal notice was given and she moved the next day.

I do understand the termination rights of a senior citizen or person incapable of independent living ("A Practical Guide for Tenants and Landlords"; Building Division of the Michigan Department of Consumer and Industry Services) and neither condition comes into play.

Since no written lease was in place and there was no written or verbal notice for her to vacate:

1. How much notice is she required to give to move out?

2. Do we have to refund her the current month's rent?
 
Legally, you should receive 30-days notice and could more than likely be entitled to the remaining monies paid for the current month.

Morally, you know the right thing to do. See post from Jacksgal.
 
jacksgal said:
This person has been your tenant/friend for nearly 20 years. Do you really want it to end like this or is it easier to just let it go?
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Jacksgal has an excellent point.

Besides, how much are we talking about here?

How much has she paid you over the last two decades?
 
More info for you...

First off, thank you to everyone that has replied. This ordeal has been a blow to our family.

Before we purchased our home, it was an adult foster care facility that housed several mentally challenged women. When the owner (not us) decided to retire and close the home (about 7 years ago), all but two of the women were placed in other foster care / assisted living homes.

We purchased the property from the original owner and one of the conditions was that if the remaining two women chose to live in the house, they could as tenants. Both ladies had been living in the home for several years and didn't want to move.

When the foster home officially closed, the court decided the two ladies were no longer "wards of the state" and could live wherever they chose. Both ladies were in their early 60's when we purchased the home. The original owner moved into the studio apartment at the back of our property and became their payee representative for their Social Security.

One lady developed a long-term illness and it was in her best interest to move her to an assisted living facility so she could receive the medical treatment and care she needed.

The second lady (Tenant we are discussing) never wanted to move. With her mental condition, she is smart (she volunteers at the local hospital mail room and at the local Senior Center five days per week), but just a little slow on the uptake. Her family has asked her for years to move, but she always felt this was her home. We have even taken her with us on family vacations, included her in family events, and she was part of our wedding.

We believe that her family finally pressured her enough to sway her opinion. Nothing has changed in her living conditions and she was always well cared for by not only my wife and I, but also our children would help as well.

Earlier today, her sister-in-law asked us to return this month's rent. We stated our side that since the Tenant, nor the family, gave us notice, we were not obliged to return the rent money. The sister then said they were going to sue us in small claims court. We have no intention of taking our Tenant to court.

I know that sounds crass, but we have already budgeted/spent the monies with the household expenses (mortgage, utilities, food, etc.). We are a strong Christian family, but my Business Law professor always reminded us that even as Christians, we should allow ourselves to be taken advantage of with business matters. We own other rental property and have been told by past and current tenants that we are the best landlords they have ever had, but we do make clear that this is a business.

To answer the questions posted in the replies:

Jacksgal--No. We do not want this to end this way, but the Tenant is an adult and we have always respected her decisions.

MorgansDaddy--Unfortunately, we have learned from past tenants that even though you do what's morally right, it may not be right with a business. That lesson cost us over $6000 in lost rent and property damages from an ex-tenant that we will never be able to get back.

Army Judge--We are only talking about $400. Overall, I did the math and we are talking just over $86k that she has paid to the owners of this property.

Again, thank you for your advice and I hope this information sheds some more light on the situation.
 
While I would not make a point of requiring additional rent (to cover the 30 day notice that was not provided), we are currently past half the month of September.

It would have been a different situation if, say, any medical issues with this tenant had changed and her physician now felt she could no longer live safely in the foster care environment (this happens with many of the elderly patients who enter the hospital I work at). Doesn't sound like the issue here.

I would not provide a refund of her rent and if the family insists I would suggest that the lack of adequate notice evens out the rent situation for this month.

Gail
 
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There is a big difference between $6000 and $400. For such a large amount, I would with out a doubt do everything I could to get my money back, and forget morals. In the case of your post, I figured it was a fairly small amount, so I would go with morals in that case. Not to mention, it is worth going to court over $6000, not really worth wasting time in court for $400.

Forget all that though, if you want to keep it, keep it, and if they are arguing that you should return it, listen to Gail. Or try to compromise that you keep half and return half. It is your money and if they sue you, a judge is likely to agree, if they even waste the time going to court themselves.
 
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How very sad.

You reap what you sow.

Besides, with all those other properties you own, why would $400 make that much of a difference.

This woman has paid you almost $90,000 over the last two decades.

You now quibble over $400?

How proud our Lord must be.

My Bible and my heart tell me that it is better to give than to receive.

Our Lord loves a cheerful giver, doesn't He? Yes, He does.
 
Also, you would have to show a court that you have made reasonable efforts to rent the room to another tenant in order to minimize your losses. It sounds like you have not done that.
It also sounds like the tenant might have little income and inability to pay additional money to you.
If they aren't asking for anything, let it go.
If they are asking for something, and it is a petty amount of a few hundred dollars, the easiest way out is to simply pay it.
 
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