If a tenant has to vacate due to domestic violence are they responsible for the 30-day notice?
we are a property management company and we have a tenant that vacated due to a domestic violence incident. they provided the police report but now the owner wants to charge them rent for 30 days because they did not provide a 30 day notice. can she be let out of the lease and not be charge the 30 days due to the violence they suffer at the property.
Nathan’s Answer
The lease governs. If the lease does not speak to the issue at hand specifically, it may generally. If it does not speak to the issue generally, a judge will make the decision, and even if case law states tenant/victim must pay, they may be made not to pay in court depending on the circumstances underlying the domestic violence. It may or may not be worth it to pursue.