Moving Out

Tenants with a lease
If you have a lease, read through it to make sure it is not self-extending. If it is then you will need to give the landlord proper notice that you intend to vacate the apartment, otherwise you could be bound to a lease agreement for another year. If your lease is not self-extending, then your tenancy will end on the date stated on the lease.

Even if you plan to move at the end of your lease, it is a good idea to notify your landlord 30 days in advance. If you want to leave before your lease is up, you need to come to some sort of agreement with the landlord. You should give the landlord written notice of your intention of leaving and then try to get a written acceptance. A written agreement will bind the landlord and enable you to leave legally. One option in negotiating leaving is to find someone else to move in. Some landlords allow subletting. Talk to your landlord about this possibility.

Tenants at will
As a tenant at will, there are two ways to terminate your tenancy. You can end your tenancy by agreement with the landlord in writing. If you can't get a written agreement, then make sure that you have a witness present when your landlord verbally agrees. The other way is to give your landlord written notice at least one full rental period before you want to move. If you want to move on September 1, you must give notice before July 31. If you wait until August 1, the landlord could hold you responsible for August and September rent. The notice must be in writing. The time period runs from the time that the landlord receives notice. Send the notice by certified mail, return receipt requested with a second copy sent by first class mail, and keep a copy for yourself.

Getting your security deposit back
Any security deposit must be returned to you within 30 days of your leaving the apartment. If the landlord claims that there are damages above and beyond "reasonable wear and tear" to the unit, then she has 30 days from the day you move out to send you a sworn list of the exact damages, plus copies of itemized bills or estimates for the cost of the repair. A landlord cannot deduct any money from your security deposit for reasonable wear and tear. In addition, a landlord may keep any and all of your security deposit if you owe back rent , unless you withheld for poor conditions. If the landlord fails to notify you within 30 days of your move, she then gives up her right to keep any of the security deposit.

To protect yourself from further aggravation, you should try to get the landlord to inspect the property before you move out. Make sure to have a copy of your "Statement of Condition" on hand to challenge any damages that she may say you caused. You cannot be charged for any conditions that were present before you moved in. If you can get the landlord to do this inspection, make sure that you have a witness present for it.

If you cannot get the landlord to inspect, and you believe that the landlord may challenge you later on, take photographs of the apartment and write detailed descriptions with the date the picture was taken. This will help you to prove your side later on. If your landlord does not return your deposit, or if she fails to send you a proper list of damages, you can sue in the Small Claims Session of the Housing or District Court for triple the amount of your deposit. For more information on this call ABCD Housing or your local courthouse.