Tenant Move Out Cleanup >> Tenant Screening

If the tenant decides to move during the term of the lease, the tenant is usually still responsible for therent for the rest of the lease period, unless the dwelling can be rerented earlier. The landlord isresponsible to make a good faith effort to re-rent the property, and may not charge the original tenant rentafter the property is re-rented, or for any time during which the landlord does not make a reasonable, Tenant Screening good faith effort to rent the property.

If the landlord attempts to re-rent the property, Tenant Screening the tenant may be responsible for rent while the propertyis vacant during the term of the lease.SubleasingIf a rental agreement requires the landlord's consent to sublease, the tenant may obtain one or morepersons who are willing to take over the lease. Each prospective occupant must make a signed writtenoffer to the landlord.

Containing the following information about the person: name, age, 57 and present address occupation, present employment, Tenant Screening and name and address of employer how many people will live in the apartment, two credit references, and names and addresses of all landlords of the applicant for the past three years.

Once given this information, the landlord has 14 days to answer the request.58No answer within 14 daysis the same as consent, and the tenant can go ahead and sublease.59 The new tenants may be rejectedonly for certain specific reasons, Tenant Screening and the landlord cannot unreasonably prevent subleasing.60

Lawful reasons for denialIf the landlord decides not to allow the sublease, a written basis for the decision must be provided. Theonly legal reasons are:61 insufficient credit standing or financial responsibility, too many people for the residence, Tenant Screeningunwillingness of the new tenant to accept the terms of the rental agreement.

The tenant's pets are not acceptable, the tenant's proposed commercial activity , or a bad report from a former landlord of the prospective tenant.If the landlord refuses the new tenant-applicant, Tenant Screening but does not give one of these reasons, the tenant caneither go ahead with the sublease or move out.62

If the choice is to move, Tenant Screening the tenant must give a written notice to the landlord 30 days in advance of therental due date by which the tenant plans to move. MOVING OUTGive plenty of notice!Sooner or later, most tenants decide to move on, or the landlord, for some reason, decides that he or sheno longer wants to rent the unit. 

Whether you are the landlord or the tenant, be sure that when thishappens, your notice to terminate the tenancy is in writing.The notice from the tenant to the landlord must include: the address of the premises, Tenant Screeningthe date the tenancy is to end, and the signature of the person giving the notice.The notice from the landlord to the tenant must include the above, plus, the notice must contain.

An explanation of why the tenancy is being terminated, if applicable, an explanation of any remedial action which the tenant must take in order to avoidtermination of the tenancy and the date and time when the corrective action must be completed, Tenant Screening a date and time when the tenancy will end and the tenant must be gone.

Notice that if the tenant continues to occupy the dwelling after the termination date the landlord maysue to remove the tenant. How much notice is enough?The amount of notice needed to end a rental agreement varies, Tenant Screening depending upon whether the rentalagreement is week-to-week, month-to-month, or year-to-year.

When a tenant with a month-to-month tenancy wants to move, the law requires that he or she give thelandlord written notice at least 30 days before the rental due date specified as the termination date in thenotice. If the tenant wants to move between rental due dates, Tenant Screening the notice must be delivered on or beforethe rental due date which falls at least 30 days before the move-out date.64

For example, if rent is due the 8th of each month and the tenant wants to move on April 8, Tenant Screening written noticemust be delivered to the landlord by March 8. If the same tenant wishes to move on April 21, notice wouldstill have to be delivered by March 8, or there would not be a full tenancy month's notice. The tenantcould then end up paying an extra month's rent.

If the same landlord wants the same tenant to move out by April 30, notice would have to be delivered tothe tenant before March 8. If the landlord does not deliver notice until March 9, Tenant Screening the tenant will not have tomove until May 8, when he or she has had a full tenancy month's notice.Tenants in a month-to-month tenancy who do not give proper notice are responsible for rent for one rentalperiod or until the unit is re-rented, whichever is less.

This does not include tenants who are moving because of serious problems which the landlord has not fixed.)Tenants who do not give proper notice may also experience a delay Tenant Screening in getting back their deposit. (See:"Returning the Deposit," pg 22.) Tenants who wish to terminate a week-to-week tenancy must give the landlord written notice at least 14days before the termination date specified in the notice.66 

For example, a week-to-week tenant wishing tomove on July 26 must give notice by July 12.Notice is noticeWhen a landlord accepts a moving notice, but a tenant fails to move out by the date specified in thenotice, Tenant Screening the landlord may sue for eviction. 

If the tenant stays beyond the specified move-out date willfullyand not in good faith, Tenant Screening the landlord may also sue for 1-1/2 times actual damages.67If a landlord sells the property while tenants are residing there, the new owner must also give propernotice if they want to terminate tenancy.

Lead Disclosure

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