When the time comes to move out of your present rental, it’s imperative you follow your lease’s terms. After all, the lease functions as a legally binding agreement between you and the landlord and carries various responsibilities for both parties.
While your landlord might be willing to permit you to terminate your lease without adequate notice, there are various consequences if you decide to vacate without offering the mandated notification. Here’s what you should know about giving notice.
Vacating without Notice
If you don’t provide notice to terminate a self-extending agreement, the lease continues automatically. Depending on your lease’s terms, the extension period is either a month-to-month or a full term until somebody ends the lease.
If you vacate before the renewed term ends, the landlord could pursue you for rent for the entire extended term or until he locates a new renter. In a number of jurisdictions, the landlord should use reasonable efforts to locate a new renter. However, if the new renter pays less than what you paid, the landlord could sue you for the difference.
Proper Notification
Depending on the lease’s specific nature, you might need to deliver different lengths of early notification in case you’re moving. For instance, most 6-month and annual contracts need a 30 or 60-day notice. This will certainly vary from another popular form of agreement-the monthly lease.
If you’re renting on a monthly basis, you might simply need to give a month’s notice before moving out. However, if you’re engaged in an annual contract, a 60-day notice will frequently be necessary if you aren’t renewing the lease.
However, there are few situations in you can terminate your lease fully and stop the rental payments before contractual termination day without incurring some kind of penalty.
Penalties
Even if your agreement is scheduled to end on a particular date, you probably still have an obligation to present a formal notification. Give yourself sufficient time in reading the agreement and understanding the penalties that might arise in case you don’t offer notice on time.
Administrative fees, the loss of security deposit, or automatic renewal might be some of the penalties that could arise if you don’t follow the rules as stipulated in the lease. If you miss the deadline, ensure you inform your landlord immediately and request release from additional obligations and that all charges be reduced or waived.
In the event that you’ve lost the lease or are in any circumstance which restricts your access to establish whether written notice is necessary, just err to be on the safe side and offer some kind of notice immediately.
Even a handwritten letter will suffice in informing the management of your intention to move. Also, ensure you make a copy of the notice for record purposes and hand-deliver it to the landlord. In the event that the management misplaces the letter or claim you didn’t deliver it might make you liable for penalties or additional fees.
Reasons to Leave Early
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Habitability
You have rights to the livability and comfort of your apartment. Things like trash bins, running water, and electricity are non-negotiable. Additionally, the common areas should be clean and repairs should occur in a reasonable manner. If any of these don’t take place, you could break the rental lease and shift.
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Domestic Violence
In a number of states, if you’re a victim of domestic violence, you can break the lease legally and move. In most instances, the violence should have taken place within the last 3-6 months and you must show proof such as an arrest or police report from the occurrence. Remember, every state has its rules regarding the amount of notice that you should give.
Final Thoughts
Giving a timely notice when moving out is vital. Otherwise, your tenancy won’t end when moving out and you might owe rent for the period until the tenancy ends.
For more information on giving advance notice, contact us at Apartment Agents or leave a message.
