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What if I don’t want to renew my lease?

By Tenant

I’ve stuck around for a year in this apartment with all the problems I’ve had. I’ve had plumbing, electrical and sewage problems and then for a time, I had mold. It wasn’t the dangerous black mold but it was still mold and the smell hung thick in the air for some time. I didn’t want to pay the termination fees so I waited until the end of my lease agreement. My lease agreement will finally end in two months. How do I tell my landlord that I’m not renewing?



So to find some answers, I went to look at several forums, read my tenant laws and even asked a couple of friends who are studying law. Here are some information that I would like to share to you.

  1. Read your lease agreement. There are some lease agreements that would automatically renew another year, unless you tell your landlord in an x amount of time.
  2. Give a 30-day notice. When the lease expires, the agreement would automatically go month-to-month. So to terminate a lease agreement, you will need to provide a 30-day notice. The length of required notice, though, would depend on your state. Some states would require 60 or 90 days notice.
  3. Inform your landlord through writing. There are just a lot of tenants who have had problems in moving out because they sent the notice to move through email. It is easy for a landlord to deny having received it on time because a lot of things could happen. Your email could have been sent to spam or the landlord just doesn’t check his email too often. So it’s always best to send the notice through certified mail and you should secure a copy of the receipt.
  4. Prepare the house for your move out. Clean everything. If there are damages that need to be repaired, it may be best for you to repair them on your own. The cost of repair could be higher when you let your landlord do it. Shampoo the carpet too. If you had to hire professional cleaning services, keep the receipts for proof. You will also need to document everything by taking pictures.

You want to be fair to your landlord by giving him enough time to prepare the property for the next tenant. He may also need to do some marketing to attract potential tenants. If you don’t follow the right guidelines, your landlord could charge you rent for the time that you did not tell him you’re leaving.

If you have any problems with leaving or getting your security deposit back, you can either contact a lawyer or go for low-cost mediation services like the one provided by the RPA. You can access their complaint center using this form: http://www.rentalprotectionagency.com/complaint_center.php

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Edited on: Tuesday, February 26th, 2013 10:35 pm
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15 Responses to “What if I don’t want to renew my lease?”

My response: (We welcome stories, examples, explanations, answers and a touch of your personality)
 

Marvella

February 26th, 2013 10:40 pm

I want to share an experience. I was supposed to renew my lease agreement last week but because I was too busy at work, I didn?t get the chance to drop by the office and sign it. So the property management started leaving notices on my door and even went to the extent of calling me at work. Is this legal?

Oswaldo

February 27th, 2013 10:40 am

Your property management can require you to sign a lease on a deadline. This is one way of them securing their revenue by making sure that you will continue to rent with them. As far as them calling you at work goes, it’s perfectly legal. They are calling about your tenancy and not about a debt. If they couldn’t contact you any other way, they would be left with no choice but to contact you at work. If you don’t want them to call you at work, it’s best to write them a letter and/or find the time to swing by the office, sign that new lease agreement and then tell me that you do not want to be called at work.

Milton

February 27th, 2013 11:00 pm

In my state, I’m required to send a 60-day notice. Now what happens if I send the notice but that would mean it will go beyond the expiration date of the lease agreement?

Oliver

February 28th, 2013 11:20 am

If that happens, your landlord could charge you with month-to-month rent. Sometimes, the month-to-month rent could be higher because it may reflect market rent plus any additional fee. That’s why I would always suggest that you check your lease agreement, be informed of your state tenant laws and follow them to avoid repercussions.

Meta

February 28th, 2013 11:40 pm

What about my security deposit? Can I get my security deposit back if I’m not renewing?

Adan

March 1st, 2013 11:40 am

Of course. You should get your security deposit back. That’s why you need to really clean the place up so there would be minimal deductions from your security deposit.


Nestor

March 1st, 2013 11:40 pm

Just remember that if it’s a month to month tenancy, you’re required to give a 30day notice. That’s all.


Rodger

March 2nd, 2013 11:40 am

Great article! Thanks!

Antoine

March 2nd, 2013 11:40 pm

If I give my 30 days notice in the middle of the month, am I still required to pay for the whole month?

Tami

March 3rd, 2013 12:00 pm

It basically depends on how your lease is worded. There are some apartment managers that would allow for a prorate while others would still charge you for a whole month.

Griselda

March 4th, 2013 12:20 am

To make it easier for everyone, send your 30-day notice the day after your rent was due. This way, your 30-days will be effective on your next scheduled payment.


Francisco

March 4th, 2013 12:40 pm

Before signing the lease, make sure to read the termination clause. This way, you will be guided as to how many days is required for you to terminate your lease agreement.

Johnny

March 5th, 2013 1:00 am

If I signed a roommate contract and it’s telling me that I need to give 60-days notice even if it’s a month-to-month, is that enforceable?

Renea

March 5th, 2013 1:20 pm

A roommate contract is still a lease agreement and yes, it is still enforceable. So if you knew about the 60-days notice and you still signed the lease then you should keep your end of the agreement.


Bradford

March 6th, 2013 1:40 am

Smart discussion. I am learning a lot. Thanks everyone!

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