Rentwise! Chapter Four -- Leaving the Unit (terminating the contract)

When the time comes to end the relationship with your landlord, keep in mind how important his reference will be when you rent again or try to buy a house. Never just abandon the property!

1. Clean the place up and leave the unit as you found it.
2. Turn in the keys; otherwise the landlord can claim no knowledge of the vacancy and may continue to charge rent.
3. Arrange for a damage inspection within three days after you leave.
4. Leave a forwarding address for return of your deposit.s

At the End of a Lease Term:
You are required to give the landlord 30 days notice in writing if you don't intend to renew the lease. This will prevent "automatic renewal" which is a provision of some leases. If you've had an agreeable experience, you might ask for a written reference on your landlord's letterhead.

Early termination of a lease:
If you must leave before the lease is up, your lease will usually stipulate the amount you must pay to "buy out" the contract--usually one or two months' extra rent and forfeiture of your deposit. The landlord will hold you to this agreement. Sometimes tenants aren't able to pay this early termination fee and they leave without making financial arrangements. Landlords will often sue to recover the debt, and may wait up to a year to file.

If you've rented the unit for at least a year, some landlords will void your lease without charge for "good cause" such as illness or death, marriage, out-of-town job or homebuying. Negotiate early and get promises in writing.

The landlord might agree to let you sub-let the apartment to another tenant (provisions are sometimes included in the lease), but the damage deposit is usually forfeited. Terms of this agreement should be written, and clearly show whether the original tenant remains responsible for any part of the rent if the sub-lessor doesn't work out.

Accidental termination:

If a tenant can no longer live in the unit because of fire or other damage, he/she should turn in the keys and notify the landlord within 14 days—in writing—of his intent to terminate the lease. Keep copies! If these steps are taken, the landlord is required to return deposits and adjust rent from the date of the casualty. This is known as "constructive eviction" under the law.

Abandonment: Liens on Property

The Landlord/Tenant Act requires that tenants notify the landlord when leaving the unit for more than seven consecutive days. If the tenant is absent "in excess of 7 days" without explanation&mdash:and if the landlord has solid evidence (witnesses, utilities shut off, etc.) that supports his "reasonable conclusion" that the tenant has walked off—he may enter the unit to determine whether it's "abandoned". If abandonment is obvious, he can re-rent the unit without any court action.

In the absence of good evidence, the landlord must wait 30 days and miss a rent payment before he can presume that the tenant isn't coming back. If the tenant's possessions are left behind, the landlord must safely store them for 30 days, and then may sell them and keep whatever money is owed. Any excess must be held for the tenant for 6 months. Regardless of lien provisions in some leases, the landlord may dispose of the ex-tenant's stuff only after he has filed a UCC-1 lien with the State.

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