Tenant Move-Out Process
What is the process that tenants must follow to stay out of trouble?
Intro
We have all moved out of one place and into another. During this frantic time, we tend to focus on moving-in since there are so many details to keep track of and tend to pay less attention to the details of moving-out. It is natural. People typically do not look in the rear-view mirror. We look forward. And why not? When we chose to move it is for good reasons. Closer to work. Larger play area for the kids. A better school. A nicer apartment. A more peaceful life. Whatever the reason why we move, the details can often be overwhelming and somethings get lost in the process.
While this is an exciting and busy time, there are real consequences to failing to live up to the responsibilities of your current landlord. Landlords want your experience to be a positive one even when moving out and many are willing to help make your move easier where they can.
The Move-Out Process
The move out process is often very simple. Just return the rental in the condition you received it. For good tenants, moving out should be a simple and painless process. For tenants who are less than responsible, be warned that landlords are tightening up on the responsibilities tenants have in the lease and the law. The reason for this is simple. Landlords have responsibilities and real costs which are much higher these days. Security deposits rarely cover the costs to ready the apartment except in the best of circumstances. These days, landlords face far too many tenants who abuse landlords especially when moving. For this reason, landlords have no choice but to proactively ensure that tenants live up to their responsibilities and enforce landlord processes and procedures. For rural landlords, a smile and a handshake is not enough. This has become an unfortunate reality we must all live with these days.
- Give 30 days notice.
- Continue to pay your rent.
- Let the landlord know your plans.
- Remove all tenant property.
- Thoroughly clean the rental.
- Cancel all tenant paid utilities.
- Provide forwarding address and other contact information to the landlord.
- Put in a change of address to the U.S. Postal Service.
- Update your drivers license and other vehicle registration information.
- Update your address with your bank, credit card, and anyone you owe a debt to.
- Update your address on any online accounts.
- Schedule a final walk-through.
- Return the keys.
Give 30 days notice.
Make sure you give at least a 30 day notice. Most state laws along with the lease you signed require an adequate notice to the landlord. Do not vacate without notice or with little notice. If you need more time to move, that is generally okay. Moving out legally is the tenants responsibility. You could easily be on the hook for monies due to the landlord if you do not give proper notice. This is the landlords right and many will take you to court to recover losses. Avoid this by giving proper notice preferably in writing. Make sure your landlord is aware of your plans to move. Failing to give proper notice can undermine tenants rights.
Continue to pay your rent.
It is often against the law for a tenant to unilaterally decide to use the security deposit as their last month of rent. Unless the tenant has specifically paid the first and last month rent along with a security deposit, they cannot use the security deposit for their last month of rent. Because of recent court decisions, the collection of the last month of rent is considered security and therefore must be considered within the limits the law allows. This restricts the protections landlords have to substandard levels. For this reason, and because cots to the landlord have increased significantly, landlords will enforce the payment of the final month of rent even choseing to go to court. Avoid this issue. Courts often uphold the landlords rights on this issue.
Let the landlord know your plans.
Landlords are often very helpful when you move in and move out. The smoother the process is for the tenant, the better for the landlord. Tenants who talk to their landlords and inform them of their plans as they move out are often pleased by how willing the landlord is to help and can avoid trouble down the road.
Remove all tenant property.
Remove all tenant property. Do not leave anything behind for the landlord to deal with. This includes window blinds, curtains, any items attached to the walls, smaller kitchen and bathroom items, trash and rubbish, etc. Landlords are beginning to charge for property disposal including their own labor and services. Landlords are often having to deal with large amounts of personal property and rubbish left behind even from good tenants. This harms the tenant as much as it harms the landlord. Removing all tenant property and rubbish can save a tenant from costs they did not anticipate.
Thoroughly clean the rental.
Adhere to the landlords cleaning guide. I have posted a tenant cleaning guide to help tenants.
Thoroughly clean the rental. It is the tenants responsibility to return the rental in the condition they received it less normal wear and tear. Follow any cleaning policies required by the landlord. Many state laws require this and are unambiguous. For any tenant that properly cleans on a regular basis, this should not be a large task. Make sure you clean everything from appliances, windows, carpets and floors, sills and trim, the bathroom, etc. Landlords are enforcing cleanliness standards tightly these days. The landlord often will charge for cleaning including labor and materials. Because this has become a larger problem these days, courts are beginning to side with landlords who demonstrate reasonable standards.
Cancel all tenant paid utilities.
Cancel all tenant paid utilities on or near your final days of occupancy. This is important. Some utilities will make it difficult for the next tenant to establish services when the previous tenant has not canceled them. Landlords often have to step in and this can be a real task taking hours to resolve. Landlords are beginning to charge for the time the landlord spends when a tenant moves out improperly. You can be charged monies you have not anticipated.
Provide forwarding address and other contact information to the landlord.
The landlord has the right to a tenant's forwarding address and other contact information. Some state laws require this. If a landlord later requires your forwarding address, and often they will, the landlord will pay for services to acquire the tenants new address. The landlord will charge you for this and take you to court. If you provide a valid forwarding address and contact information you avoid unanticipated expenses.
Update your drivers license and other vehicle registration information.
All states require that you update your address information on your drivers license and vehicle registration within a reasonably short period of time. If you get pulled over, inform the police you have moved. It is not uncommon that tenants get into trouble for not providing valid addresses within a reasonable period of time. It is not uncommon that the sherrif will look for a tenant using the older address. If your license address information is invalid, you could be facing a bench warrant and the sheriff will arrest you, take you to court, and you will have to face a judge. Avoid this by updating your drivers license and vehicle registration quickly.
Update your address with your bank, credit card, and anyone you owe a debt to.
Failing to update debtors and banks with your updated address can cause you a lot of trouble. Debtors will often hire a service to find you and will charge you for this cost. They can also take you to court where necessary. Avoid this.
Update your address on any online accounts.
Tenants often forget this step. They may order things online only to find that the item was delivered to the old address. This can be a real problem. Often these items are returned by the landlord when the landlord does not have a contact information for the tenant. Otherwise, the landlord will want to contact you and keep your mail and packages safe for you.
Schedule a final walk-through.
This is an important step. Your final walk-through should be a good experience. Most landlords use this opportunity to wish you well and will often forgive honest issues that the tenant may be responsible for. Without a final walk-through, the landlord may see you as ducking responsibilities and will not forgive any issues found that the tenant is responsible and liable for. Often, the landlord will chose to take a previous tenant to court for expenses when a tenant fails to do a final walk-through. Courts are beginning to recognize that tenants who do not avail themselves to a final walk-through relinquish their rights to a defense for reasonable damages the landlord may seek monies for.
Return the keys.
Landlords do not want keys to their rentals floating around. If you fail to turn over the keys, the landlord will likely change the locks and charge you for this. Avoid unanticipated charges by giving the keys back to the landlord. Landlord are beginning to charge for labor including changing locks when keys are not returned.
What tenants may not know.
Landlords carefully screen their tenants these days. This is because landlords are facing more problems with tenants. If you fail to properly move-out, the landlord may need to file a suit to collect any additional costs owed. This could effect your ability to rent, purchase property, or even get a loan in the future. As well, some debts will follow the tenant requiring the debt to be paid either through garnishments, attachments, or using liens. The landlord can require you to go to court and provide all financial information and contact information. You will be before a judge who will certify the information you provide. This is the landlords right within the law. You can also be required by court order to repay a landlord debt in court within a reasonable time up to 90 days. This is not a comfortable experience. Avoid all of this mess by doing the right thing when you move. Landlords are less forgiving these days if you fail to live up to your responsibilities. If you are a responsible tenant, the landlord will do what they can to help you.
