I have a month-to-month rental agreement. Do I have to tell the landlord I am moving?
Yes. You must send the landlord a letter saying you are moving. The landlord must get the letter at least 20 days before the end of the rental period.
What is the end of the rental period?
It is the day before rent is due. The day you deliver the notice does not count in the 20 days.
Example: Your rent is due July 1. You want to move out in June. Get the letter to the landlord by June 9.
I need to move because I am a victim of domestic violence. Do I have to give 20 days’ notice?
Maybe not. You may be able to end the rental agreement immediately. You must follow certain guidelines. Read Landlord-Tenant Issues for Survivors of Domestic Violence, Sexual Assault, and/or Stalking.
I am in the armed forces. I have been given immediate assignment orders. Can I give less notice?
Yes. You can end a month-to-month tenancy with less than 20 days’ notice if you get immediate assignment orders.
What happens if I move out without telling my landlord?
You must pay whichever comes first:
- Rent for the month after you move out
- Rent for 30 days from the day the landlord finds out you moved
The landlord must try to rent the unit as soon as they find out you moved. If they can rent it less than 30 days after you moved, you only have to pay for the days the apartment was empty. After the next month, you do not have to pay anything.
I have a lease. I plan to move out when the lease is up. Do I have to tell the landlord?
If you move out at the end of a lease, your lease may require that you give notice before it is up. If you do not, the rental agreement may turn into a month-to-month agreement. You should probably give notice regardless. Then you can notify the landlord of your forwarding address and get your deposit back.
I did not move when my lease was up. The landlord still takes my rent. We have no new lease. Do I have to tell the landlord when I am moving?
If you stay beyond the end of a lease and the landlord accepts rent for the next month, you become a “month-to-month” renter. All rules for month-to-month renters now apply to you.
What happens if I move before the end of my lease?
You must pay the lesser of
- all rent owed before the landlord was able to re-rent the unit
I am in the armed forces. I received reassignment orders. I have to move before my lease is up. How much notice do I give the landlord?
You must give the landlord seven days’ notice of the reassignment or deployment order.
The landlord has threatened me with a gun, firearm or other weapon. Can I move out before my lease is up?
Yes. You can move out immediately. Read Landlord-Tenant Issues for Survivors of Domestic Violence, Sexual Assault, and/or Stalking.
How do I get my deposit back after I move?
The landlord has 21 days after you move out to return your security deposit or give you a letter stating why they are keeping any of it. You should take pictures or video of how the place looks when you leave to prove how you cleaned it. If you have a hard time getting your deposit back, use Letter to Landlord for Return of a Security Deposit - Self-Help Forms or get Getting Your Security Deposit Back .
I got a notice to vacate. I moved out before the time on the eviction notice was up. Can my landlord still take me to court?
Yes. Your landlord cannot file an eviction lawsuit against you now. But the landlord can still sue you for rent or other damages the landlord says you owe. Your landlord has six years after you move out to sue you for rent owed if you had a written rental agreement. Read My Former Landlord Says I Owe Damages. If you have a low income, call CLEAR at 1-888-201-1014.
The landlord served me with an unlawful detainer (eviction action). Would moving out right away make the eviction go away?
No. Even if you move, you must still respond to the eviction case. Otherwise, you will lose the case automatically. Talk to a lawyer right away and read Landlord Served Me with a Summons and Complaint for Unlawful Detainer.
I moved in a hurry. I did not tell the landlord. I left my belongings. Can I get them back?
The landlord may have assumed you abandoned the rental. The landlord can take and store your property if you “abandon” the rental. In some cases, the landlord can move your property to the nearest public space. You abandoned the rental if both these are true:
If your things are worth more than $250, the landlord must send written notice to your last known address 30 days before selling them. If it is worth less than $250, the landlord must send written notice seven days before the sale.
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