Moving Out

If you are planning to move out of your rented home or apartment there are several things you should think about. Some of these things depend on the agreement you have with your landlord.

When a tenant breaks their lease early and moves out the landlord has certain duties, but the renter does too. 

• The renter leaving the home may have to pay rent on additional months after the lease is broken. Breaking a lease, or ending it, does not mean that the duty to pay rent always stops immediately.
• If the lease is broken by the current renter, landlords are obligated to try and find a new renter for the home. Once the landlord has a new renter in the home, the previous renter’s rent obligation does away. Some landlords may not charge for rent after a lease is broken or agree not to charge.

If there is no lease agreement or the renter has not moved after the written lease has expired, the law says that the renter has a “month-to-month tenancy” agreement.

Renters can move at the end of any month, but must give notice. Month-to-month agreements require written notice at least 30 days before the renter wants to leave. 

Example: 

If you want to move on May 30th, you should give your landlord a written notice by April 30th. If there is no lease, the landlord can also end the tenancy with a written notice at least 30 days before the date they want you to move out. This notice may be handed to you personally or to a family member over the age of 12 living with you. 

If the landlord is unable to hand the written notice to you or a family member in person, they can post the notice in an easily seen place in or around your home. After posting it, the landlord must send the notice to you by certified mail.

Renters should tell their landlord when they plan to move out. Emails, text messages, or telling the landlord in person are not effective ways to communicate this. A written letter is the best way for a renter to let a landlord know they are moving out.

Sample Letter to Landlord:

Dear Landlord, 
I have been renting a home at [full address]. I am moving out of that home on May 30th, 2023.
Please send my security deposit to:
    [new address]
Please direct all communication to that address. 
            Sincerely,
            [Your name]

Renters should make a copy or photo of this letter. A copy should be kept in a safe place or emailed to a safe address for safekeeping. The original should go to the landlord by certified mail and the post office receipt kept. 

If the landlord has not returned the security deposit within 45 days a renter can send a letter requesting it. After 6 months, the security deposit becomes the property of the landlord.

If you have been evicted after a court hearing or are forced to leave:

• Move out before the move out date or you may lose all your stuff. Once law enforcement comes, you may not have time to pack any more.
• Get your most important items like medicine, documents, ID, sentimental items, items of value, jewelry, etc.
• Some property is considered “exempt” and the landlord may not keep it.
• If you are late moving out, your landlord can put a lien on your “nonexempt property”. You will have 30 days to request your property. Your landlord can require you to pay what you owe (plus storage cost) before returning your property. 
• The landlord can keep or throw out the property. If your landlord keeps it, they can charge for storage and any rent owed to get your property back. 
• Store your things in a storage unit, with a friend, or a new home. Consider selling anything you don’t have space for.
• Take videos and pictures of your unit before you leave. Take pictures up close and far away. Take pictures of the blinds, drip pans, sinks, toilet, bath/shower, oven, stove, and everything else. Save these pictures to your cloud or e-mail. 
• Before moving out of your unit, return your key to the landlord and ask your landlord to do a walk-through of the unit (see LASO’s Key Return form)