Moving Out of A Rental

Packing up your worldly goods and carting them out to a new place is stressful enough without dealing with your soon-to-be former landlord. But it can go smoother by taking a few simple steps:

Give Enough Notice

Check your lease to see how much notice you need to give your landlord.

If your lease is expiring, you don't have to give notice that you're leaving. But you'll probably want to talk to your landlord to work out the details of your departure.

If it's not in your lease, or you don't have a lease, look to the landlord-tenant law in your state or city to find out how many days' notice you must give.

Typical notice would be a minimum of 20 to 30 days, so waiting until the last minute could mean paying an extra month's rent.

The notice should be in writing and either personally delivered or sent by certified mail.

Clean Up

Spending a little time thoroughly cleaning your apartment once your stuff is out can make it easier to get your security/cleaning deposit back.

At a minimum, the place should be as clean as when you moved in, except for "normal wear and tear" which is expected and acceptable.

It's probably cheaper to repair anything you damaged, rather than leaving it broken and having the landlord charge you.

When everything is clean and repaired, take photos to prove the cleanliness and good condition of the place as you moved out.

Ask your landlord to go through the checklist you filled out when you moved in and verify in writing that everything is in the same condition.

If you can't arrange a "walk-through" of the residence with your landlord, then lock up, put the keys in an envelope with a dated note to the landlord that you've vacated, including your forwarding address, and deliver it to the landlord. This should be done no later than the last day of your lease or rental period. It's helpful to have someone go with you as a witness that you did deliver the note and keys. And don't forget to keep a copy of the note.

Getting Your Security Deposit Back

Within a certain period under your state's law - usually two to three weeks of when you moved out - your landlord must either return your security deposit or explain in writing why it's not being returned.

Your landlord can deduct reasonable expenses for cleaning and repairing damaged items and for any unpaid utility bills.

If you believe your landlord has unreasonably withheld some of your security deposit, you can take him or her to small claims court to try to get your money back. Sometimes a letter from an attorney will bring immediate action.

Moving Out Before Your Lease Expires

If you must move before your lease is up, try to negotiate with your landlord, especially if illness, a roommate moving out unexpectedly or some other uncontrollable event forces your move.

Another option is to ask your landlord to allow you to sublease to another tenant for the remainder of the lease.

If neither of these work, keep in mind that your landlord has the responsibility to do what lawyers call "mitigating the damages" by trying to find another renter to take your place as soon as possible after you move out.

Taking these simple steps can make it more likely you'll get back at least some of your security deposit and have a good landlord reference for the future.

Related Web Links:
Security Deposit Notice Provisions in All States
Landlord, Tenant, Rental Housing Law

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