Off-Campus Living Guide 2014 | Page 34

MOVING OUT T ermination is the end of the tenancy that occurs automatically at the end of the lease or as a result of mutual agreement or by court order. The landlord may terminate the tenancy only under certain circumstances, and by following the eviction process. TENANT TERMINATION TIPS Provide Prior Notice » Notify your landlord that you will be vacating the residence. Policies vary among landlords as to how much notice you must give. Check your lease or call your landlord to be sure that you give sufficient notice. » A tenant may be entitled to terminate the agreement without penalty under certain conditions. Turn Off Utilities: Call Early » Contact your utility provider before you move with the date you are moving and would like your utilities shut off. » Student tenants who terminate a lease must do so in writing with a statement that includes how many days until tenancy ends and the specific date that tenancy ends. Clean » Your responsibility: A tenant is responsible for leaving the unit in the same condition as the time of move in. » If a tenant moves out before giving appropriate written notice to end a month-to-month agreement or before the end of a lease, the tenant is responsible for all or part of the remaining rent until the tenancy would have ended. » An irregular termination can cost the tenant all or part of a deposit and can result in a landlord suing the tenant for the remaining unpaid rent. » Termination for Failure of Landlord to Make Repairs. » Under certain circumstances, a landlord’s failure to make requested habitability repairs allows a tenant to terminate a lease with no penalty. » In order to do so: » The request for repairs must be in writing. » The request must state that failure on the part of the landlord to make the repair will be considered a contract violation and terminate the lease. EVICTION » Eviction is the process of putting a tenant out of a residence by legal process. Evictions go on a tenant’s record, making it difficult to find housing later. » A few different ways a landlord can evict a tenant: » 30-day Without Cause - The landlord gives notice that a month-to-month tenancy will end. The landlord does not have to give a reason. The tenant has 30 days to move out of the residence. » 30-day for Cause - The landlord may evict the tenant, no matter how long the lease, if there is a violation of the rental agreement. The tenant has 14 days to fix the problem, or 30 days move from the residence. » 10-day - A landlord can evict the tenant if they have been keeping a pet, which is not allowed by the rental agreement; or if there is a recurrence of a problem from a prior for-cause notice (within the last 6 months). » 24-hour - A landlord may evict tenants who are dangerous, illegal subtenants, dealing drugs, and/or engaging in other illegal activities. » Why it matters: The condition of the home when you move out usually affects the amount of your deposit that the landlord refunds. Review Your Original Move In Checklist » A time saving tip: Ask your landlord for a list of what must be cleaned in order for the deposit to be refunded. » It is assumed that, unless you specifically noted or took pictures showing otherwise, everything was clean and in good condition when you began your tenancy. So, you are responsible for cleaning everything now for notifying the landlord of repairs needed. You may also be responsible for paying for damages if they were caused by you, roommates, friends or pets. » Warning! The deposit may not cover costs Many renters believe that if the residence is left dirty or damaged the landlord can only withhold the deposit for compensation. This is a common misconception. Your landlord can hold you liable for the costs of repairing and cleaning the home, ev [