When does a month-to-month tenant need to move out?

Full question:

I have a roommate that is on a month to month contract with us. We pay rent on the 15th of the month. We've given him 26 days notice. (I read the laws and it said I must give 15 days on a month to month agreement) He's arguing that he can stay until the 15th of the next month. I say he needs to be out on the 14th. Paying rent on the 15th of a month carries us through to the 14th of the next month, then we pay for a new month on the 15th. Who's right? Should his last day be on the 14th or 15th of the month?

  • Category: Landlord Tenant
  • Subcategory: Lease Termination
  • Date:
  • State: Florida

Answer:

If you give a 15-day notice for a month-to-month lease, the notice must be given by the last day of the month prior to the next rent due date. This means the tenant should vacate by the 14th of the month if rent is due on the 15th. Therefore, your roommate needs to move out by the 14th, not the 15th.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

The length of time someone can live with you without being on the lease varies by state and the terms of your lease. Generally, if they stay for more than a few weeks, they may be considered a tenant, which could require you to add them to the lease or provide notice for them to leave. Always check your lease agreement and local laws for specific guidelines.