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    Default Re: Can You Charge a Subtenant Rent if They Don't Give Proper Notice to End a Tenancy

    Quote Quoting Aquarius9217
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    The statute you referenced also says under (4) that notice must be in writing. Subtenant didn't give me a specific date that he was moving at any point.
    If you want to try to convince the court that you didn't get notice because it wasn't in writing, you are free to do so. But no, that's not going to work, as you actually accepted both the notice and the return of roommate's portion of the rental unit.
    Quote Quoting Aquarius9217
    So you are suggesting that I am due rent until the end of April, and that's it?
    If you are choosing not to try to mitigate your damages by replacing him as a tenant, he can raise that as a defense to his owing you so much as a penny of rent.

    You haven't bothered to give us any dates to work with, so you're going to have to figure out the relevant dates for the notice period for yourself.

  2. #2

    Default Re: Can You Charge a Subtenant Rent if They Don't Give Proper Notice to End a Tenancy

    Quote Quoting Mr. Knowitall
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    You haven't bothered to give us any dates to work with, so you're going to have to figure out the relevant dates for the notice period for yourself.
    Apologies, I was trying to spare some details so that I didn't end up in a TL;DR scenario. I can be a bit long-winded when I write.

    In early March (specific date I don't recall) he told me, "oh, just a heads up. I am looking for a job and might have to move for it. If I can't find one, I'm moving back in with my parents at the end of the summer." About a week later, he additionally commented, "I might actually move back home at the beginning of summer to save some money instead of stay here all summer, unless I find a job in the area."

    I never heard anything else from him. I came home from work on April 15th and he was loading up his vehicle. I asked him if he was going home for the weekend, and he said he was moving out this weekend and he should be out by Sunday. I didn't really press the fact that he was moving out without much heads-up on the spot, I was surprised by it. I went away for the weekend, and when I got home Sunday, all his property was removed and the keys were on the table. I called him to discuss the outstanding utilities, and he said he acknowledged he owed, but also mentioned that I need to refund him rent between April 18 and 30 since he wasn't living there anymore. I said I wasn't given any kind of notice you were moving that weekend, so I need time to potentially find someone new, and I don't feel I owe him any refund and that honestly I wouldn't be surprised if he still owed some rent. He said that we will have to talk some other time when I am feeling more reasonable, and we haven't been in touch since.

    Based on the things you and adjusterjack have been saying, things I was told on another forum, and my desire to just move on from this, it's sounding like I shouldn't push the improper notice issue, and try and (best case scenario) get him to drop his claim of a refund and collect the utilities. It all really depends on how adamantly he intends to pursue his belief that I owe him the refund, I might end up having to just write off the utilities in the interest of getting it over with. The amount I would "owe" him, assuming I considered his refund claim valid, would be less than $100.00 when subtracting out the utilities, and I don't see him pursuing that amount in any fashion.

    Thanks again!

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