Moving Out of Your Rental

Do Not Leave Without Telling Someone
When looking to move out of your apartment, it is your legal obligation to give the landlord notice of your intent to leave.  This should be in the form of a written notice.  The letter should include your name, the unit you are occupying, and the date when you are going to move out.  You should also include your future address so your landlord will know where to send your security deposit after you move out.

When Should You Give Notice?
If you have a written lease, it will usually tell you when you must give this notice.  If you do not have a written lease, you must give notice 30 days in advance of when you plan to vacate.  One thing to keep in mind is that these periods of time are counted from the day rent is due.

Do not forget to contact your utility companies to make sure that your phone, cable, gas, electric, and water have been disconnected if the utilities are your name or that of your roommate’s.  Furthermore, you should contact your bank, any lenders and companies/organizations that send you regular correspondence and provide them your new address.
 
Cleaning Your Rental
Before you move out, make sure your clean your apartment thoroughly.  You are required by law to make sure your rental is in decent condition upon vacating. Remove any furniture or other items that belong to you or your roommates.

If you do not clean your rental, you risk losing all or part of your security deposit.  You may even suffer a lawsuit if you left your rental in a particularly bad state.  The landlord may deduct from your deposit for the cost of a professional cleaning crew to do the job you could have done for almost nothing.  If new tenants are moving in right after you, the place needs to be reoccupied immediately.  Your cleaning at the end can make things easier for everyone – including yourself.
 
Now is not the time to penalize the landlord for the condition of your apartment when you moved in.  Move-in problems should have been dealt with at the beginning of your lease term.  At this point, you just want your move-out experience to be as smooth as possible and to get back all of the security deposit money you paid initially.

Inspect Your Rental Beofre Leaving
While you are required by law to clean your rental you should also inspect your apartment for your own protection.  Before you turn in your keys, send a letter to your landlord asking him/her to inspect the apartment with you.  After the inspection, ask the landlord to sign a note that says you left the apartment clean and undamaged.  If you cannot get him/her to do this, then you should have a friend inspect your apartment.  The friend should take photographs, and sign and date them.  This will help you in case you have trouble getting your deposit back.  The hope is that you did a similar inspection when you moved in.  If you did then your final inspection should reflect only what happened while you lived there – not any pre-existing defects or repair problems.  The written inspection is one of the few ways you can protect your security deposit and yourself from a possible lawsuit for property damage.  Written inspections can always be strengthened by the presence of disinterested witnesses, photographs, and videotapes.

If you and your roommates completed a Check-In sheet and were able to get your landlord to sign it right before your moved into the rental you should now use it as a reference for comparing any new damage that may have occurred during your time in the rental.

Returning Your Keys
Returning your keys may seem like an obvious step in moving out of your apartment, but there are a few things you should keep in mind.  The first thing is to be sure that you hand over the keys by the end of the lease; if you do not, the landlord might continue to charge you rent and/or charge you for a lock change.  Also, it is best to give your keys back in person, so there is no doubt that your landlord received them.  By this point, you should also have given your landlord, in writing, your forwarding address where your security deposit can be sent.  This address should be given to your landlord in person or sent by certified mail.

Getting Your Deposit Back
By the time you move out, you should provide your forwarding address, in writing.  Then the landlord must either return your security deposit (with interest) or give you a complete list of damages they claim you did to the property and money you still owe under the terms of the lease within 30 days after the end of the lease.  The remainder of the deposit and any list of deductions must be sent to you by registered or certified mail.

The landlord cannot charge for damage caused by ordinary wear and tear.  Examples of wear and tear include faded paint on walls, loose tiles in the bathroom, window cracks caused by winter weather and leaky faucets.

If after 30 days the landlord has not returned your security deposit, you can file a complaint against the landlord in Small Claims Court.  If the court finds that the landlord wrongfully refused to return the deposit, the court must order the landlord to pay the tenant double the amount of the deposit if it is not returned at all or double the amount that you believe the landlord wrongfully deducted from your deposit.  The court may also award you reasonable attorney’s fees if you hired an attorney.