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Moving Out of a Rental: Important Steps to Keep Your Landlord Happy

Is it time to move out of your rental? Maybe you’re graduating from college, moving out of the area, or buying a house. Or perhaps you just need more space or want a nicer apartment. Regardless of why you’re moving, you want to end the tenancy on good terms with your landlord in case you need a reference down the line.

What you don’t want is for your landlord to say you can’t leave just yet because your lease is not up or to keep your security deposit to cover damage in your rental.

In most states, landlords must try to mitigate their damages. In other words, they must do what they reasonably can to find another acceptable renter to take your place as soon as possible after you move out—rather than just sit back and collect rent from you.

Here are some steps you can take to end your tenancy as smoothly as possible, and hopefully get back your security deposit.

Give Your Landlord the Required Amount of Notice

Rules on how much notice is required to end a tenancy vary depending on whether you have a month-to-month rental agreement or a fixed-term lease. In either event, it’s best to give your landlord as much notice as possible, in writing.

How to End a Month-to-Month Rental Agreement

If you have an agreement that lasts one month but automatically renews, your move-out steps are fairly straightforward. Most states require tenants to provide 30 days’ written notice to end a month-to-month tenancy. Once your notice period ends and you move out of the rental unit, you are no longer responsible for paying rent, even if your landlord has not re-rented the unit yet.

Check your state's rules on how much notice you are required to give before you move out. In addition, be sure to check your rental agreement, which might require that you give notice on a specific date, such as the first of the month.

How to End a Fixed-Term Lease

A lease lasts for a set amount of time, usually one year. You are legally bound to pay rent for the whole term, regardless of how much notice you give. Your lease should specify the date it will end, and it might require you to give your landlord advance notice of your plans to not renew the tenancy at the end of the term. Either way, it’s a good idea to give your landlord written notice that you plan to move, so you have time to arrange a final walk-through.

If you want to leave before the lease expires, you have the following options:

  • Ask to be released from the lease. Approach your landlord and discuss your situation: Sometimes, tenants get lucky and their landlords let them leave early without paying rent for the whole lease term. Don’t be afraid to give your reasons for leaving, especially if illness, a roommate moving out unexpectedly, a new job out of the area, or some other uncontrollable event forces your move. Be sure to get any agreement to cancel the lease in writing.
  • Get permission to rent to someone else. This could take one of two forms: a sublet or an assignment. In a typical sublet, the new tenant would pay you rent, and then you’d pay the landlord. With an assignment, the new tenant takes over the remainder of your lease and pays rent to the landlord directly. Either way, you remain liable for unpaid rent or damage to the property. Most leases don’t allow subleasing or assigning without the landlord’s consent, so try to work details out (again, in writing) with your landlord. Offer to help your landlord find a suitable tenant (someone with good credit and references) to take over your rental.
  • Break your lease. If neither of the above options work, you might need to break the lease. Even if you give the landlord notice, you might still be on the hook for paying rent for the full lease term if your landlord can’t find a satisfactory replacement tenant who will pay the same amount of rent. If the only acceptable replacement your landlord finds is a tenant who pays less per month than you did, you might be responsible for the difference. Also, you might be liable for your landlord’s reasonable costs of re-renting the unit, such as advertising costs. Your landlord will probably start collecting by using your security deposit; if the deposit is insufficient, the landlord can sue you for the remaining amounts due.

Exceptions: When You Might be Able to Break Your Lease Without Consequences

Most states have laws allowing tenants to move out before the lease or rental agreement ends without penalty in certain scenarios. Each state is different, but you might be able to break your lease if:

  • your landlord violates the lease, rental agreement, or law (for example, by failing to provide habitable premises or violating your privacy)
  • you are a victim of domestic violence (your state might provide early lease termination rights to victims), or
  • military service requires you to move (under the Servicemembers’ Civil Relief Act (SCRA) some military personnel can break a lease due to deployment or a permanent change of station).

If you think you might have legal grounds to break your lease early, consider consulting with a local landlord-tenant attorney to discuss your specific situation.

Try to End the Tenancy on a Positive Note

Sometimes your circumstances leave you with no choice but to break the lease and deal with the consequences. If this happens, try to remain on friendly—or at least professional—terms with your landlord, in the event you need a reference in the future. Send your landlord a letter clearly explaining why you have to leave, and continue to pay rent on time. You can show any future potential landlords this letter, and explain how breaking the lease was a one-time, unavoidable occurrence. In the meantime, try to keep tabs on your landlord’s efforts to re-rent so you don’t pay more than you have to, perhaps by checking local rental listings for your unit.

Leave your rental in a clean, well-cared-for condition. Don’t give your landlord reason to come after you for additional expenses: Your landlord can use your security deposit to cover unpaid rent as well as the costs of repairing any damage beyond normal wear and tear. If the total of unpaid rent and repairs exceeds the security deposit, your landlord can sue you for the additional amount. Take pictures or video of the unit when you leave so you have proof of the condition in the event of a dispute. Turn in all keys when you leave, and be sure to give your landlord your new address and contact information.

From Lawyers  By Ann O’Connell, Attorney

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