If you have a lease that expires on May 31 and you plan to leave, you have to give me your move-out notice by April 1. I would prefer to get your notice sooner than that. The sooner I get your move-out notice, the sooner I can get your house rented. For a number of legal reasons. I cannot rent your house or even advertise it for rent without a valid move-out notice from you. Remember:
- You have to deliver your move-out notice to me at least 60 days before your lease expires. That is in your lease.
- Your move-out notice must be in writing. That is also in your lease. You have not given me a move-out notice by telling me verbally that you are leaving. A voice mail message is also not a move-out notice. An e-mail is also not a move-out notice. A written move-out notice means exactly that – it must be in writing. Your move-out notice must be dated, it must state the address being rented, it must include a specific date by which everyone in your group will move out, and your notice must be signed by everyone named in the lease. You can deliver your move-out notice to me personally or you can mail it to me.
- Your move-out notice must be definite. I sometimes get a move-out notice like this: “I will be moving out by June 1 unless I can’t find another place to rent by then.” This is not a valid move-out notice because it is not clear that the tenant is actually leaving. I cannot rent an apartment to a new tenant if I do not know for certain that the current tenant is leaving.
- Your move-out notice should state how you would like your security deposit refunded. Do you want one check made payable to everyone named in the lease or do you want separate checks? If you want separate checks, you have to say so, and everyone has to agree to that. If you want separate checks, you need to tell me what percent of the deposit should go to each person. If you do not instruct me in writing to issue separate refund checks, then I will issue just one check made payable to everyone named in the lease. If you want me to mail your refund check to you, include the address you want your check mailed to. You can pick up your refund check from me personally if you prefer.
- Moving out means moving out. Regardless of what it says in your move-out notice, you have not moved out until physical possession of your apartment or house has been returned to me. As long as people or personal property belonging to your group are still on the premises, you have not moved out. If your group is still in possession after the date on your move-out notice, you could have legal problems, especially if I have already rented your house to a new group, and they can’t move in because you didn’t move out.