If You Want To Move

Whatever type of agreement you have made with your lessor, moving from your apartment involves more than packing.

Oral Agreement

An oral month-to-month tenant who wants to move has the same obligation to give a full month's written notice as does the lessor who wants the tenant to move for reasons other than non-payment of rent (see Appendix B). Notice to lessor should be given no later than the day before your rent is due for the final month you are staying (a week-to-week tenant must give a full week's notice). For example, if rent is due the first of the month and plans are being made to leave at the end of May, you must give notice by April 30. Staying after May 31, could mean you are responsible for rent on a monthly basis or you could be considered a trespasser.

Written Agreement

1. If you have a lease for a set period, you must move out of the apartment by the expiration date of the lease. If you want to leave before the lease expires, you are still responsible for rent for the remainder of the lease term unless you make use of one of the following alternatives:

 

2. You may be able to reach an agreement with the lessor to release you from the lease with no further responsibility for the apartment. If such as agreement is reached have the lessor put in writing that the lease is cancelled and you are released from further liability for rent or damages. This can be written across your lease and signed by the lessor.

You can find another tenant for the apartment yourself, and have the lessor agree to "assign" all your interest in the lease to the new tenant. In this case, you should also get a release or cancellation of the lease in writing.

Another method used in this situation is "subletting". Subletting allows you to lease your apartment to another person, but you are responsible if the sub-tenant fails to meet his or her obligations. Usually you need the permission of you lessor before you sublet. You should have a separate written agreement between you and the sub-tenant. It is best to get a deposit from the sub-tenant to protect yourself financially.

When entering into a lease, make sure a clause is included allowing you to sub let. If you have roommates, try to get a provision allowing the right to approve any sublease a roommate may make or any new, separate lease the lessor may sign with a prospective roommate.

Obviously, it is better to be released from a lease completely than to sublet. However, if you offer a suitable, credit-worthy sub-tenant and this offer is rejected by the lessor, you may not be held responsible for the remainder of the lease term if the lessor seeks to recover this amount in court. Be sure to put in writing to the lessor the offer of a sub-tenant.

 

3. If the lessor refuses to let you out of the lease and a decision to leave is made, you take certain risks. However, if the apartment is re-rented at no loss for the lessor, he/she may not be able to recover any money with the exception of reasonable expenses for advertising and clean-up. To protect yourself, find out when, to whom, and for how much the apartment is eventually rented, and obtain proof of these facts. If you feel you must leave the apartment because it is uninhabitable, you may be able to escape further responsibility on the lease. If this is the case, it is crucial to seek the advice of an attorney.

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