Is it time to move out of your rental? Maybe you're graduating college and moving elsewhere, maybe you need more space, or maybe it's time to buy a home. Regardless of why you're moving, you have a lot of things on your mind: finding a new place, packing, the actual move, and so on.

It's an exciting, but stressful time. You don't want your landlord to say you can't leave just yet, or demand that you fix or pay for things, or threaten to keep your security deposit.

To help your move go smoothly and protect your security deposit, you need to follow a few simple steps:

  • Let your landlord know you're moving
  • Check the premises for damages
  • Know what can be deducted from your security deposit

Give Your Landlord Notice

Your lease probably spells out exactly how much advance notice you have to give your landlord about your decision to move. If your lease is for a specific term or period of time (like a year) and it's expiring, you usually don't have to tell him or her that you're leaving. It's a good idea to give notice anyway, that way your landlord can get ready to refund your security deposit and schedule appointments for new prospective tenants around your schedule.

Sometimes, a lease term will expire, but a tenant will "hold-over" and continue to pay scheduled rent, and the landlord continues to accept that rent. This is usually called a "month-to-month" or "periodic" lease. If your original lease does not tell you how much notice you have to give, the landlord-tenant laws in your area should tell you how many days' notice you must give. Typical notice can range from 15 to 30 days, so waiting until the last minute could mean paying an extra month's rent.

For example, say that your lease ended on September 30, 2008, but you paid and the landlord accepted rent for October, 2008. Two weeks later, you get a job offer and have to move. In most states, you'll have to give the landlord 20-30 days notice before leaving, otherwise you'll have to pay rent for November.

Your notice to the landlord should be in writing, and it should be delivered either personally by you or sent by certified mail.

If you don't give the proper notice, most states make you liable to the landlord for at least 1 months' rent.

What if you want to leave before the lease expires? First, try to negotiate with your landlord, especially if illness, a roommate moving out unexpectedly, or some other uncontrollable event forces your move. Your landlord might let you leave early without paying for the whole lease term.

Another option is to ask your landlord to allow you to rent the space to someone else, which is called "subletting" or a "subleasing." The new tenant would pay you rent, and then you'd pay the landlord. Some leases don't allow subleasing, so be sure to check your lease.

If neither of these options work, keep in mind that your landlord has the responsibility to do what lawyers call "mitigating the damages" by trying to find another renter to take your place as soon as possible after you move out.

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Tagged as: Real Estate, Landlord and Tenant Law, moving out, real estate lawyer