Giving the Landlord Notice of Intent to Move Out
If you are the tenant and intend to move out (and you pay rent once a month), you have to give your landlord 30 days’ notice in writing. If you do not, the landlord can charge you for the unpaid rent even after you move out. Unless a new tenant pays the rent, you will have to pay for those 30 days. If you pay rent every week, you have to give 7 days’ notice.
If your lease is not up yet and you want to move out, you will need to talk to your landlord. If your lease or your landlord allows you to sublet the unit, you can find a subtenant, following the landlord’s or the lease requirements. However, if your landlord does not agree to allow you to break the lease early or to sublet the unit, and you still break the lease, you may be liable to the landlord for the rent through the end of the lease. The landlord will have a “duty to mitigate,” which means that he or she will have to make reasonable efforts to re-rent the unit and if he or she is able to rent it, you are only liable for rent for the month(s) it went unrented. If you end up owing the landlord rent for breaking the lease early, he or she may take it out of your security deposit.
Sample Letter Giving Notice to Vacate
Moving Out: Giving Proper Notice & Security Deposits
Provide a written notice of your intent to move out and personally deliver or mail the notice by certified or registered mail to the landlord or the property manager. Tenants should check their rental agreement for instructions. Most rental agreements specify where and to whom the tenants should deliver official notices.
Ask For an “Initial” Move-Out Inspection
A tenant can and should ask the landlord to inspect the rental unit before the tenancy ends. The landlord must perform an initial move-out inspection if requested by the tenant. However, a landlord cannot conduct an initial inspection unless the tenant requests one (Civil Code Section 1950.5(f)).
- This helps the tenant to know ahead of time what repairs, if any, are necessary.
- This will also keep the landlord from adding charges for unidentified repairs later.
- This gives the tenant the opportunity to do the identified cleaning or repairs in order to avoid deductions from the security deposit.
- Tenants should schedule the inspection so they have time to make repairs and clean the unit. It is unwise to do this on the last day of possession of tenancy.
Landlord’s Obligations Regarding an Initial Move-Out Inspection
The landlord must give the tenant written notice of the tenant’s right to request an initial inspection of the rental to take place during the last 14 days of the tenancy, and to be present during the inspection.
- The landlord must give this notice to the tenant within a “reasonable time” after either the landlord or the tenant has given the other written notice of intent to terminate (end) the tenancy (see the California Tenants’ Handbook for more details).
- If the tenant has a fixed term rental agreement, the landlord must give the tenant this notice within a “reasonable time” before the rental term ends.
- If the tenant does not request an initial inspection, the landlord has no obligation to conduct this initial inspection.
- The landlord is not required to perform an initial move-out inspection if the landlord has served the tenant with a three-day notice because the tenant has failed to pay the rent, violated a provision of the lease or rental agreement, materially damaged the property, committed a nuisance, or used the property for an unlawful purpose. Civil Code § 1950.5(f)(1).
What Happens When a Roommate(s) Moves Out?
Roommate situations are complicated. It is important that your rental agreement specify each roommate’s rights and responsibilities.
- If only one roommate is moving out and the person moving out paid the deposit to another roommate, that roommate has to return the deposit.
- If the person moving out gave the deposit to the landlord, and the landlord has a separate rental agreement with the roommate moving out, the landlord returns the deposit.
- If, however, the roommates all signed one rental agreement for the unit and only one of the roommates moves out, the landlord does not have to return the security deposit until all the roommates have left.
Security Deposits
- Provide your landlord/property manager with a forwarding address to return your security deposit.
- If the security deposit is to be returned in one check for several roommates, discuss with your roommates how the money will be dispersed once the check is cashed.
- For more information about security deposits, see the two links below, the section above on "Resolving Issues", and the FAQ's section regarding security deposits.
Security Deposits
Security Deposits Handout
California Courts: Self-Help Guide to Security Deposits in California
