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Comments for Tenant Leaving a month before termination date of Extension

Landlord/ Tenant
by: FALDP Staff

Mr. Gelhaus,

A three day notice to pay or quit is used when the tenant is still in the property and has not paid rent. They have a choice - either to pay within the three days or move out. Many landlords are satisfied just to let a nonpaying tenant move out, and often do not pursue money damages. In your situation, however, the tenant has already left and you may only need to pursue money damages. So it isn't an eviction, rather it may be a small claims suit for lost rent and property damage if there is any.

83.575 Termination of tenancy with specific duration.—
(1) A rental agreement with a specific duration may contain a provision requiring the tenant to notify the landlord within a specified period before vacating the premises at the end of the rental agreement, if such provision requires the landlord to notify the tenant within such notice period if the rental agreement will not be renewed; however, a rental agreement may not require more than 60 days’ notice from either the tenant or the landlord.
(2) A rental agreement with a specific duration may provide that if a tenant fails to give the required notice before vacating the premises at the end of the rental agreement, the tenant may be liable for liquidated damages as specified in the rental agreement if the landlord provides written notice to the tenant specifying the tenant’s obligations under the notification provision contained in the lease and the date the rental agreement is terminated. The landlord must provide such written notice to the tenant within 15 days before the start of the notification period contained in the lease. The written notice shall list all fees, penalties, and other charges applicable to the tenant under this subsection.

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