When a tenant wants to move out of a rental unit,
it is important that the proper kind of notice
be given to the landlord. The following discusses
how to end the two most common types of rental
agreements. However, it is important that tenants
check their own rental agreements to determine
what kind of notice must be given before they
move out.
Leases: If the tenant moves out
at the expiration of a lease, in most cases it
is not necessary to give the landlord a written
notice. However, the lease should be consulted
to be sure a formal notice is not required.
If a tenant stays beyond the expiration of the
lease, and the landlord accepts the next month's
rent, the tenant then is assumed to be renting
under a month-to-month agreement.
A tenant who leaves before a lease expires is
responsible for paying the rent for the rest of
the lease. However, the landlord must make an
effort to re-rent the unit at a reasonable price.
If this is not done, the tenant may not be liable
for rent beyond a reasonable period of time.
Month-to-Month Rental Agreements:
When a tenant wants to end a month-to-month rental
agreement, written notice must be given to the landlord.
The notice must be received at least 20 days before
the end of the rental period (the day before rent
is due). The day on which the notice is delivered
does not count. A landlord cannot require a tenant
to give more than 20 days notice when moving out.
What if a tenant moves out without giving proper
notice? The law says the tenant is liable for rent
for the lesser of 30 days from the day the next
rent is due, or 30 days from the day the landlord
learns the tenant has moved out. However, the landlord
has a duty to try and find a new renter. If the
dwelling is rented before the end of the 30 days,
the former tenant must pay only until the new tenant
begins paying rent.
When a landlord wants a month-to-month renter to
move out, a 20-day notice is required.