Exercise 7
Remedies Available to the Landlord
Ahmed was renting a house on a month-to-month basis from Dora, and rent was due on the 1st of the month. On the 15th of September, Ahmed gave Dora 30-day written notice that he would be vacating the house, but didn’t specify the date of his departure. He moved out of the house on the 14th of October. When Dora returned Ahmed’s deposit, she withheld an amount that would equal the amount Ahmed owed in rent for the rest of October. Ahmed filed suit against Dora for the return of his deposit. Dora argued that Ahmed’s notice took effect on October 1, not September 15.
How should the judge rule?
- A. For Ahmed, because he properly gave a 30-day notice.
- Sorry, but that's not the correct answer. Please select another.
- B. For Dora, because Ahmed owed her rent through the end of October.
- The correct answer is B. Since it is a month-to-month tenancy, Ahmed must give written notice to Dora at least thirty days prior to the periodic rental date specified in the notice. Ahmed did not specify a periodic rental date, but since the period of the tenancy began at the first of the month, his notice was effective beginning on the first of the next month – October 1. This meant that his 30-day notice was for the month of October. Since Ahmed owed Dora rent for all of October, Dora may withhold the balance from the deposit.